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lOOth Congress 1 f S. Prt. 

1st Session JOINT COMMITTEE PRINT ^^^_^^ 



COUNTRY REPORTS ON HUMAN 
RIGHTS PRACTICES FOR 1986 



REPORT 



SUBMITTED TO THE 



COMMITTEE ON FOREIGN RELATIONS 
U.S. SENATE 

AND 

COMMITTEE ON FOREIGN AFFAIRS 
U.S. HOUSE OF REPRESENTATIVES 

BY THE 

DEPARTMENT OF STATE 

IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE 
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED 




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l,t Session I JOINT COMMITTEE PRINT , ,„„_,^ 



COUNTRY REPORTS ON HUMAN 
RIGHTS PRACTICES FOR 1986 



REPORT 



SUBMITTED TO THE 



COMMITTEE ON FOREIGN RELATIONS 
U.S. SENATE 



COMMITTEE ON FOREIGN AFFAIRS 
U.S. HOUSE OF REPRESENTATIVES 

BY THE 

DEPARTMENT OF STATE 

IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE 
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED 




FEBRUARY 1987 



Printed for the use of the Committees on Foreign Relations and Foreign 
Affairs of the Senate and the House of Representatives respectively 



U.S. GOVERNMENT PRINTING OFFICE 
fi(i-98H O WASHINGTON : 1987 



For sale by the Superintendent of Documents, Congressional Sales Office 
U.S. Government Printing Onice, Washington. DC 20402 



COMMITTEE ON FOREIGN RELATIONS 
CLAIBORNE PELL, Rhode Island, Chairman 



JOSEPH R. BIDEN, Jr., Delaware 
PAUL S. SARBANES, Maryland 
EDWARD ZORINSKY, Nebraska 
ALAN CRANSTON, California 
CHRISTOPHER J. DODD, Connecticut 
JOHN F. KERRY, Massachusetts 
PAUL SIMON, Illinois 
TERRY SANFORD, North Carolina 
BROCK ADAMS, Washington 
DANIEL P. MOYNIHAN, New York 



JESSE HELMS, North Carolina 
RICHARD G. LUGAR, Indiana 
NANCY L. KASSEBAUM, Kansas 
RUDY BOSCHWITZ, Minnesota 
LARRY PRESSLER, South Dakota 
FRANK H. MURKOWSKI, Alaska 
PAUL S. TRIBLE, Jr., Virginia 
DANIEL J. EVANS, Washington 
MITCH McCONNELL, Kentucky 



Geryld B. Christianson, Staff Director 
James P. Lucier, Minority Staff Director 



COMMITTEE ON FOREIGN AFFAIRS 
DANTE B. FASCELL, Florida, Chairman 



LEE H. HAMILTON, Indiana 

GUS YATRON, Pennsylvania 

STEPHEN J. SOLARZ, New York 

DON BONKER, Washington 

GERRY E. STUDDS, Massachusetts 

DAN MICA, Florida 

HOWARD WOLPE, Michigan 

GEO. W. CROCKETT, Jr., Michigan 

SAM GEJDENSON, Connecticut 

MERVYN M. DYMALLY, California 

TOM LANTOS, California 

PETER H. KOSTMAYER, Pennsylvania 

ROBERT G. TORRICELLI, New Jersey 

LAWRENCE J. SMITH, Florida 

HOWARD L. BERMAN, California 

MEL LEVINE, California 

EDWARD F. FEIGHAN, Ohio 

TED WEISS, New York 

GARY L. ACKERMAN, New York 

MORRIS K. UDALL, Arizona 

CHESTER G. ATKINS, Massachusetts 

JAMES McCLURE CLARKE, North Carolina 

JAIME B. FUSTER, Puerto Rico 

JAMES H. BILBRAY, Nevada 

WAYNE OWENS, Utah 

FOFO I.F. SUNIA, American Samoa 



WILLIAM S. BROOMFIELD, Michigan 
BENJAMIN A. OILMAN, New York 
ROBERT J. LAGOMARSINO, California 
JIM LEACH, Iowa 
TOBY ROTH, Wisconsin 
OLYMPIA J. SNOWE, Maine 
HENRY J. HYDE, Illinois 
GERALD B.H. SOLOMON, New York 
DOUG BEREUTER, Nebraska 
ROBERT K. DORNAN, California 
CHRISTOPHER H. SMITH, New Jersey 
CONNIE MACK, Florida 
MICHAEL DeWINE, Ohio 
DAN BURTON, Indiana 
JAN MEYERS, Kansas 
JOHN MILLER, Washington 
DONALD E. "BUZ" LUKENS, Ohio 
BEN BLAZ, Guam 



John J. Brady, Jr., Chief of Staff 
Steven K. Berry, Minority Staff Director 



(II) 



FOREWORD 



The reports on individual country human rights practices con- 
tained herein were prepared by the Department of State in accord- 
ance with sections 116(d) and 502B(b) of the Foreign Assistance Act 
of 1961, as amended. They also fulfill the legislative requirement of 
section 31 of the Bretton Woods Agreements Act. 

Because there is interest in human rights practices of all na- 
tions — those that receive U.S. foreign assistance and those that do 
not — these reports are being printed to assist Members of Congress 
in considering legislation in the area of foreign assistance. 

Claiborne Pell, 
Chairman, Committee on Foreign Relations, 
Dante B. Fascell, 
Chairman, Committee on Foreign Affairs. 



LETTER OF TRANSMITTAL 



Department of State, 
Washington, DC, January 31, 1987. 
Hon. Claiborne Pell, 

Chairman, Committee on Foreign Relations, 
Hon. Jim Wright, 
Speaker, House of Representatives. 

Dear Sirs: I have the distinct honor to present the report pre- 
pared in compHance with sections 116(d)(1) and 502B(b) of the For- 
eign Assistance Act of 1961, as amended, and section 505(c) of the 
Trade Act of 1974, as amended. 
With best wishes. 
Sincerely, 

J. Edward Fox, 
Assistant Secretary, 
Legislative and Intergovernmental Affairs. 
Enclosure. 

(V) 



CONTENTS 



Page 

Foreword "^ 

Letter of Transmittal v 

Introduction 1 

Africa: 

Angola 5 

Benin 1^ 

Botswana 1° 

Burkina Faso 25 

Burundi 32 

Cameroon 40 

Cape Verde 48 

Central African Republic 55 

Chad 62 

Comoros '0 

Congo 75 

Cote d Ivoire °^ 

Djibouti 90 

Equatorial Guinea 96 

Ethiopia 102 

Gabon 113 

Gambia, The 119 

Ghana 125 

Guinea 133 

Guinea-Bissau 140 

Kenya 146 

Lesotho 154 

Liberia 162 

Madagascar 1*^4 

Malawi 181 

Mali 188 

Mauritania 194 

Mauritius 203 

Mozambique 209 

Niger 218 

Nigeria 225 

Rwanda 236 

Sao Tome and Principe 243 

Senegal 248 

Seychelles 255 

Sierra Leone 261 

Somalia v 267 

South Africa 274 

Namibia, International Territories of 296 

Sudan 308 

Swaziland 318 

Tanzania 326 

Togo 336 

Uganda 344 

Zaire 353 

Zambia 364 

Zimbabwe 371 

Central and South America: 

Antiqua and Barbuda 383 

Argentina 386 



VIII 

Central and South America — Continued ^^^ 

Bahamas 394 

Barbados 399 

Belize 403 

Bolivia 408 

Brazil 416 

Chile 425 

Colombia 444 

Costa Rica 453 

Cuba 459 

Dominica 469 

Dominican Republic 473 

Ecuador 481 

El Salvador 489 

Grenada 504 

Guatemala 509 

Guyana 524 

Haiti 533 

Honduras 543 

Jamaica 551 

Mexico 559 

Nicaragua 569 

Panama 587 

Paraguay 598 

Peru 611 

St. Christopher and Nevis 622 

St. Lucia 625 

St. Vincent and the Grenadines 628 

Suriname 631 

Trinidad and Tobago 639 

Uruguay 644 

Venezuela 650 

East Asia and the Pacific: 

Australia 656 

Brunei 659 

Burma 663 

Cambodia 672 

China 683 

China (Taiwan only) 698 

Fiji 711 

Indonesia 716 

Japan 729 

Kiribati 734 

Korea, Democratic People's Republic of 737 

Korea, Republic of 744 

Laos 759 

Malaysia 768 

Mongolia 777 

Nauru 781 

New Zealand 784 

Papua New Guinea 787 

Philippines 793 

Singapore 807 

Solomon Islands 815 

Thailand 819 

Tonga 830 

Vanuatu 833 

Vietnam 836 

Western Samoa 846 

Europe and North America: 

Albania 851 

Austria 857 

Belgium 863 

Bulgaria 869 

Canada 878 

Cyprus 881 

Czechoslovakia 888 

Denmark 900 



IX 



Europe and North America — Continued / ^^ 

Estonia 904 

Finland 908 

France 913 

German Democratic Republic 918 

Germany, Federal Republic of 927 

Greece » 932 

Hungary 940 

Iceland 950 

Ireland 953 

Italy 959 

Latvia 965 

Lithuania 969 

Luxembourg 974 

Malta 977 

Netherlands, The 983 

Norway 987 

Poland 992 

Portugal 1006 

Romania 1012 

Spain 1024 

Sweden 1030 

Switzerland 1034 

Turkey 1038 

Union of Soviet Socialist Republics 1054 

United Kingdom 1072 

Yugoslavia 1082 

Near East, North Africa, and South Asia: 

Afghanistan 1094 

Algeria 1102 

Bahrain 1110 

Bangladesh 1114 

Bhutan 1124 

Egypt 1130 

India 1146 

Iran 1156 

Iraq 1166 

Israel and the occupied territories 1175 

Jordan 1196 

Kuwait 1205 

Lebanon 1216 

Libya 1224 

Maldives 1231 

Morocco 1238 

The Western Sahara 1248 

Nepal : 1251 

Oman 1259 

Pakistan 1265 

Qatar 1279 

Saudi Arabia 1284 

Sri Lanka 1293 

Syria 1308 

Tunisia 1316 

United Arab Emirates 1325 

Yemen Arab Republic 1330 

Yemen, People's Democratic Republic of. 1338 

Appendixes: 

A. Notes on preparation of the reports 1343 

B. Reporting on worker rights 1346 

C. Selected international human rights agreements 1348 

D. Explanation of statistical tables 1355 



COUNTRY REPORTS ON HUMAN RIGHTS 
PRACTICES 



INTRODUCTION 

1986 HtJinan Rights Report 

This report is submitted to the Congress by the Department of 
State in compliance with Sections 116(d)(1) and 502B(b) of the 
Foreign Assistance Act of 1961, as amended.* The legislation 
requires human rights reports on all countries that receive 
aid from the United States and all countries that are members 
of the United Nations. In the belief that the information 
would be useful to the Congress and other readers, we have 
also included reports on countries which do not fall into 
either of these categories and which are thus not covered by 
the Congressional requirement. 

A cast of hundreds has once again produced our annual country 
reports on human rights. Special thanks go to the human rights 
officers in our posts abroad whose responsibility it is to 
write the initial drafts. Note also has to be taken this year 
of the fact that the endeavors of two of them, Michael Matera 
in Moscow and Daniel Grossman in Leningrad, resulted in the 
interruption of their careers as the Soviet Government declared 
them persona non grata. 

As we again survey human rights conditions in the world, we are 
once more struck by the close correlation between the existence 
of a democratic form of governm.ent and respect for the 
integrity of the person. In 1986 we are pleased to note the 
further consolidation of democratic rule throughout Latin 
America as Guatemala elected a new government and the Haitian 
dictatorship came to an end. Only a small handful of countries 
in the Western Hemisphere remain under dictatorial rule and 
practice the human rights deprivations with which dictatorships 



* Section 116(d)(1) of the Foreign Assistance Act provides as 
follows : 

"The Secretary of State shall transmit to the Speaker of the 

House of Representatives and the Committee on Foreign Relations 

of the Senate, by January 31 of each year, a full and complete 
report regarding — 

"(1) the status of internationally recognized human 
rights, within the meaning of subsection (a) — 

(A) in countries that received assistance under this 
part, and 

(B) in all other foreign countries which are members of 
the United Nations and which are not otherwise the subject of 
a human rights report under this Act." 

Section 502(B) (b) of the Foreign Assistance Act provides as 
follows : 

"The Secretary of State shall transmit to Congress, as part of 
the presentation materials for security assistance programs 
proposed for each fiscal year, a full and complete report, 
prepared with the assistance of the Assistant Secretary of 
State for Human Rights and Humanitarian Affairs, with respect 
to practices regarding the observance of and respect for 
internationally recognized human rights in each country 
proposed as a recipient of security assistance." 

(1) 



are associated. The spectacular shift to democracy throughout 
Latin America during the last 5 years is indeed most gratifying 
to all those committed to the cause of human rights. 

We are pleased also with the return of the Philippines to the 
democratic fold and the renewed respect for the rights of the 
individual in that country. Some progress has also been 
registered in a few other states, but at the same time we have 
witnessed serious regression in South Africa and the 
continuation of bleak and stultifying dictatorial rule in a 
great many other countries. The details are set forth herein. 

This year there are 167 separate reports. Conditions in most 
countries are described to the end of 1986; for a few 
countries, significant developments occurring during the first 
weeks of 1987 are also included. The guidelines followed in 
preparing the reports are explained in detail in Appendix A. 
In Appendix B is a discussion of reporting on worker rights. 
Appendix C contains a list of 12 international human rights 
covenants and agreements. Appendix D is an explanation of the 
statistical tables following the reports on countries which 
received United States bilateral assistance within the last 3 
fiscal years. 

The 1986 reports include for the second time additional 
information on worker rights, as required by Section 505(c) of 
the Trade Act of 1974, as amended by Title V of the Trade and 
Tariff Act of 1984 (Generalized System of Preferences Renewal 
Act of 1984).* Although the legislation requires reports on 
worker rights only in developing countries that have been 
beneficiaries under the Generalized System of Preferences, in 
the interest of uniformity, and to provide a ready basis for 
comparison, we have here applied the same reporting standards 
that we have applied to all countries on which we prepare 
reports . 

Definition of Human Rights 

Human rights, as defined in Section 116(a) of the Foreign 
Assistance Act, include freedom from torture or cruel, inhuman 
or degrading treatment or punishment; prolonged detention 
without charges; disappearance due to abduction or clandestine 
detention; and other flagrant denial of the rights to life, 
liberty, and the security of person. Internationally 
recognized worker rights, as defined in Section 502(a) of the 
Trade Act, include (A) the right of association; (B) the right 
to organize and bargain collectively; (C) prohibition on the 
use of any form of forced or compulsory labor; (D) a minimum 
age for the employment of children; and (E) acceptable 
conditions of work with respect to minimum wages, hours of 
work, occupational safety and health. (Categories A and B are 
covered in Section 2.b. of each report, C in Section l.d., and 
D and E in a final section. Conditions of Labor.) 

In addition to discussing the topics specified in the 
legislation, our reports, as in previous years, cover other 
internationally recognized political and civil rights and 
describe the political system of each country. We have altered 
our previous discussion of the economic, social, and cultural 
situation by focusing on the issue of discrimination in these 
fields . 



* Section 505(c) of the Trade Act provides as follows: 

"The President shall submit an annual report to the Congress 
on the status of internationally recognized worker rights 
within each beneficiary developing country." 



In applying these internationally recognized standards, we 
seek to be objective. But the reports unashamedly reflect the 
U.S. view that the right of self-government is a basic 
political right, that government is legitimate only when 
grounded on the consent of the governed, and that government 
thus grounded should not be used to deny life, liberty, and 
the pursuit of happiness. Individuals in a society have the 
inalienable right to be free from governmental violations of 
the integrity of the person; to enjoy civil liberties such as 
freedom of expression, assembly, religion, and movement, 
without discrimination based on race, ancestry, or sex; and to 
change their government by peaceful means. The reports also 
take into account the fact that terrorists and guerrilla groups 
often kill, torture, or maim citizens or deprive them of their 
liberties; such violations are no less reprehensible if 
committed by violent opponents of the government than if 
committed by the government itself. 

We have found that the concept of economic, social, and 
cultural rights is often confused, sometimes willfully, by 
repressive governments claiming that in order to promote these 
"rights" they may deny their citizens the right to integrity 
of the person as well as political and civil rights. There 
exists a profound connection between human rights and economic 
development. Experience demonstrates that it is individual 
freedom that sets the stage for economic and social 
development; it is repression that stifles it. Those who try 
to justify subordinating political and civil rights on the 
ground that they are concentrating on economic aspirations 
invariably deliver on neither. That is why we consider it 
imperative to focus urgent attention on violations of basic 
political and civil rights, a position given renewed emphasis 
by the 1984 Congressional Joint Resolution on Torture. 
If these basic rights are not secured, experience has shown, 
the goals of economic development are not reached either. 

United States Human Rights Policy 

From this premise, that basic human rights may not be abridged 
or denied, it follows that our human rights policy is concerned 
with the limitations on the powers of government that are 
reguired to protect the integrity and dignity of the 
individual. Further, it is in our national interest to promote 
democratic processes in order to help build a world environment 
more favorable to respect for human rights and hence more 
conducive to stability and peace. We have developed, 
therefore, a dual policy, reactive in the sense that we 
continue to oppose specific human rights violations wherever 
they occur, but at the same time active in working over the 
long term to strengthen democracy. 

In much of the world, the United States has a variety of means 
at its disposal to respond to human rights violations. We 
engage in traditional diplomacy, particularly with friendly 
governments, where frank diplomatic exchanges are possible and 
productive. Where we find limited opportunities for the United 
States to exert significant influence through bilateral 
relations, we resort to public statements of our concerns, 
calling attention to countries where respect for human rights 
is lacking. In a number of instances, we employ a mixture of 
traditional diplomacy and public affirmation of American 
interest in the issue. 

The United States also employs a variety of means to encourage 
greater respect for human rights over the long term. Since 
1983 the National Endowment for Democracy has been carrying 
out programs designed to promote democratic practices abroad, 
involving the two major United States political parties, labor 
unions, business groups » and many private institutions. Also, 
through Section 116(e) of the Foreign Assistance Act, funds 



are disbursed by the Agency for International Development for 
programs designed to promote civil and political rights abroad. 
We also seek greater international commitment to the protection 
of human rights and respect for democracy through our efforts 
in the United Nations and other international organizations. 

Preparation of these annual Country Reports constitutes an 
important element of our human rights policy. The process, 
since it involves continuous and well-publicized attention to 
human rights, has contributed to the strengthening of an 
international human rights agenda. Many countries that are 
strong supporters of human rights are taking steps of their 
own to engage in human rights reporting and have established 
offices specifically responsible for international human 
rights policy. Even among countries without strong human 
rights records, sensitivity to these reports increasingly 
takes the form of constructive response, or at least a 
willingness to engage in a discussion of human rights policy. 
Experience has thus demonstrated that Congress did indeed act 
wisely in calling upon the State Department to prepare these 
Reports . 



Richard Schifter 
Assistant Secretary of State 
for Human Rights and Humanitarian Affairs 



AFRICA 

ANGOLA* 



The People's Republic of Angola, the regime established in 
Luanda upon the withdrawal of the Portuguese in 1975, is ruled 
by the only recognized political party, the Marxist-Leninist 
Popular Movement for the Liberation of Angola (MPLA) . 
President Jose Eduardo dos Santos is both Head of State and 
chief of the MPLA. His rule was reconfirmed by the MPLA's 
Second Party Congress in December 1985. All major policy 
decisions are made by a small elite in the MPLA, which also 
controls all means of mass communication. Open political 
dissension is not tolerated. 

Now in its 11th year, the internal conflict between the 
Government and the main opposition force, the National Union 
for the Total Independence of Angola (UNITA), again dominated 
events in 1986. The extension of the war to new areas in the 
north and the undiminished intensity of the fighting in the 
south caused many hundreds of casualties on each side. Each 
side accused the other of killing civilians and committing 
atrocities. In addition, some 200,000 to 500,000 persons in 
central, eastern, and southern Angola have been displaced from 
their homes largely as a result of civil strife. 

A number of deaths also occurred in the course of hostilities 
between the Southwest Africa People's Organization (SWAPO — a 
Namibian resistance movement with bases in Angola) and South 
Africa, which controls the territory of Namibia on Angola's 
southern border. During 1986 South Africa conducted repeated 
cross-border raids into Angola, including a June 5 raid on the 
southern port of Namibe and almost continuous interventions in 
pursuit of SWAPO and in support of UNITA. 

The Angolan Government receives extensive military assistance 
from the Soviet Union — well over $4 billion since 1975 — and in 
1986 Soviet advisers again played an important role in planning 
and directing military operations. An estimated 35,000 Cuban 
military personnel provide logistical support, training, and 
advice to government forces as well as garrison key strategic 
population and economic centers. The Angolan armed forces 
total approximately 100,000. UNITA, led by Jonas Savimbi , 
apparently has the allegiance of a substantial portion of the 
population, especially among Angola's largest ethnic group the 
Ovimbundu, and controls the southeastern quarter of Angola's 
territory. UNITA has stated publicly that it favors a 
government of national unity and has not sought to establish an 
alternate government. 

The intensification of the fighting has devastated the 
country's infrastructure, forced a return to barter in some 
areas, and has led the Government to divert most of its assets 
to the military. Payments to the Soviet Bloc for military 
equipment and Cuban combat troops are a heavy burden on the 
economy. In addition, the low world market price of oil, the 
principal source of the Angolan Government's revenue as well as 
most of its foreign exchange, has exacerbated this serious 
economic situation. With the end of the drought, the 
production of food crops recovered somewhat in 1986, but the 



*The United States does not maintain diplomatic relations with 
the People's Republic of Angola and thus has no diplomatic 
personnel in country to monitor human rights conditions or 
evaluate allegations of abuses. 



ANGOLA 

military conflict increasingly interfered with harvest and 
distribution efforts. Angola has had to import 80 percent of 
its food in recent years, at a cost of about $300 million a 
year. Oil production and exploration continued, with new 
discoveries reported in 1986 off the northwestern coast of 
Angola. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

The escalation of the war in Angola has resulted in numerous 
allegations that government, UNITA, and South African forces 
have killed civilians and that the MPLA and UNITA have executed 
political prisoners. While it is difficult to substantiate the 
various claims and counterclaims, available evidence suggests 
that both government and UNITA forces have on occasion 
arbitrarily executed prisoners. The fighting has also resulted 
in hundreds of civilian deaths. Undoubtedly, some of these 
deaths were inadvertently caused by military operations, but 
others appear to have been deliberately perpetrated by opposing 
forces to intimidate civilian populations. The MPLA and UNITA 
have publicly and repeatedly accused each other of practicing 
terrorism against their respective opponents, including killing 
or maiming civilians. UNITA has charged that Cuban forces have 
also been involved in attacks on civilians. Civilians also 
have died as a result of guerrilla actions, such as attacks on 
ground transportation. There are no reliable casualty figures, 
but upwards of 10,000 persons may have lost limbs as a result 
of indiscriminate mining. 

b. Disappearance 

There is no information to confirm that abductions, secret 
arrests, or clandestine detentions are practiced by government 
security agencies, or by UNITA, although both sides have 
accused each other of such practices. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Allegations of torture and mistreatment made by both sides 
appear to have some basis in fact. But torture of opponents 
does not appear to be a systematic practice of either the 
Government or UNITA. 

Angolan prisons are overcrowded, with substandard diet and 
sanitation, but these conditions seem to reflect the poor state 
of the economy rather than deliberate maltreatment. There are 
some unconfirmed reports that foreigners are not well treated, 
but Americans who have been imprisoned in Angola appear to have 
been relatively well treated and to have had access to medical 
care. 

Prison authorities reportedly have wide latitude in the 
treatment of prisoners. Treatment of political prisoners at 
the prisons controlled by the Ministry of State Security is 
alleged to be harsher than treatment in the regular prisons. 
Mistreatment reportedly includes physical intimidation, 
including beatings and threats, and prolonged interrogation 
with the use of force. Prison visits appear to be arbitrarily 



ANGOLA 

restricted in many instances. Foreign advisers, including 
Cubans and East Germans, are involved in assisting Angolan 
state security services and may be involved in helping to run 
state security prisons. The Government continues to put 
captured UNITA supporters on public display. 

Very limited information is available on the situation and 
administrative structure within UNITA-held areas. It is known, 
however, that UNITA holds a number of foreign and government 
prisoners, captured in the course of military operations, in 
makeshift facilities in its areas of control in southeastern 
Angola. There have been no reports that UNITA has mistreated 
its prisoners. During 1986 UNITA cooperated with the 
International Committee of the Red Cross (ICRC) in releasing 
foreign prisoners, including some 200 hostages taken in March. 
None of the released alleged mistreatment. 

d. Arbitrary Arrest, Detention, or Exile 

Two of the most persistently and frequently reported charges of 
human rights violations have been arbitrary arrest and 
imprisonment without due process. Numerous reports allege that 
persons are arrested and imprisoned by the Government on 
suspicion or denunciation by others and, in some cases, held 
for years without being notified of the charges against them. 
In its 1986 Report, Amnesty International judged that there 
continue to be few safeguards against the arrest and detention 
of political suspects by Government security services. 

Under Angolan law, persons suspected of committing serious acts 
against the security of the state may be held by the Ministry 
of State Security without charge for an initial period of 
3 months, renewable for a further period of 3 months. Such 
detainees need not be presented to a judge within 48 hours of 
their arrest, as otherwise stipulated in the code of criminal 
procedure, and apparently have no right to challenge the 
grounds of their detention. After 6 months in detention 
without charge, the detainee must be informed of the 
accusations against him, with the state security service either 
informing the public prosecutor of the charges against the 
suspect or releasing him. Once the case is presented to the 
public prosecutor, there does not appear to be a specific time 
limit within which a suspect must be brought to trial, and many 
political detainees — the exact number is not known but may be 
at least several hundred — have been held for years without 
being tried. 

The deterioration of the security situation has contributed to 
the general deterioration of judicial safeguards and due 
process. The Government has established regional military 
councils throughout much of Angola. They are responsible 
directly to President Dos Santos and have broad authority to 
restrict the movement of people and goods, to requisition 
people and goods without compensation, and to try crimes 
against the security of the State. The Government has also 
created "people's vigilance brigades" for urban areas, whose 
powers are not clear but include general administration and 
"protecting the people and ensuring public order and stability.' 

During 1986 both sides reportedly relied increasingly on forced 
conscription of young males for recruitment into the military 
forces. In 1984 the Angolan Government was cited by the 
International Labor Organization (ILO) in Geneva for being in 
violation of ILO Convention 105, which prohibits forced labor. 



ANGOLA 

The basis of this citation is Angolan legislation still in 
force providing for compulsory labor for breaches of labor 
discipline and participation in strikes. 

e. Denial of Fair Public Trial 

The Constitution states that no citizen shall be arrested and 
brought to trial except under the terms of the law, and it 
guarantees the right of the accused to a defense. There is, 
however, insufficient evidence to determine to what extent 
these rights are observed in practice. Amnesty International 
expressed concern in its 1986 Report that trials of government 
opponents, notably in military tribunals, do not conform to 
internationally recognized trial standards. In particular, 
defendants reportedly were not given adequate opportunity to 
present their defense or appeal their cases. Judicial lines of 
authority are unclear, especially since the regional military 
councils have been given responsibility for the trial of 
offenses against the security of the State, including "economic 
crimes." It is not known which trials are open to the public 
and under what rules of procedure the various military and 
civilian courts operate. The Constitution provides for a 
People's Supreme Court, but its jurisdiction is not known. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Although the Constitution guarantees the inviolability of the 
home and privacy of correspondence, the Government conducts 
arbitrary searches of homes, censors private correspondence, 
and monitors private communications. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The Constitution guarantees freedom of expression "in the 
context of the achievement of the basic objectives of the 
People's Republic of Angola." In fact, the Angolan people live 
under censorship, intimidation and Government control of the 
media. Opposition views are not tolerated, and critics such as 
Bartolomeu Dias Fernandes, who was accused of "insulting the 
Head of State," have been sentenced to long prison terms. 

The Government is especially sensitive to criticism in the 
foreign press. But in 1986 the Government began to allow the 
travel of foreign correspondents to Angola in a controlled 
flow. Angola subscribes to the "Front Line" States' ban on 
accepting South Africa-based news correspondents. The 
circulation of Western journals and periodicals in Angola is 
tightly restricted. 

b. Freedom of Peaceful Assembly and Association 

Freedom of assembly is denied to any political group or 
movement other than the MPLA. All other political movements 
have been banned. There are numerous unconfirmed reports of 
arrests of people who voice support of opposition movements or 
alternative political systems. The people's vigilance 
brigades, which have some law enforcement authority in urban 
areas, and the martial law climate throughout the country tend 
further to restrict freedom of assembly and association. 



ANGOLA 

The only trade union movement in Angola is the National Union 
of Angolan Workers, which is controlled by the MPLA and is a 
member of the continent-wide Organization of African Trade 
Union Unity. Traditional labor union activities are tightly 
controlled by the Government, and legislation ensures only a 
single trade union structure. Strikes are prohibited by law as 
a crime against the security of the State. 

c. Freedom of Religion 

Although the Constitution guarantees the inviolability of 
freedom of conscience and belief and provides for separation of 
church and state, the Government publicly emphasizes the 
importance of propagating "atheism" and has been critical of 
religious activities. The overwhelming majority of the Angolan 
population is Christian, however, and the Government has not 
moved to close down churches. Church services are regularly 
held, and there is widespread attendance. Foreign and Angolan 
missionaries are allowed to carry out their normal activities. 
Reportedly, UNITA respects freedom of religion in the areas it 
controls. But in 1986, UNITA several times captured foreign 
missionaries, releasing them unharmed after publicly warning 
them of the dangers of being caught in the war's crossfire. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

As a result of the increased fighting, the Government is 
acutely security-conscious and has tightly restricted travel. 
Indeed, travel by road in most areas of Angola is dangerous. 
The Government has instituted a pass system within Angola, and 
foreigners are generally prohibited from traveling outside the 
principal cities. UNITA has publicly warned that it considers 
all of Angola to be a war zone and that it cannot guarantee the 
safety of persons traveling there. 

Angolan citizens are allowed to travel abroad, but this travel 
is carefully controlled by restrictions on issuance of 
passports and exit visas and by currency restrictions. 
Emigration is restricted. The Government limits travel to 
Angola through a selective and stringent visa policy. Angola 
is a party to the U.N. Protocol Relating to the Status of 
Refugees. There are currently approximately 70,000 Namibian, 
15,000 Zairian, and 9,000 South African refugees or displaced 
persons in Angola. Since mid-1980, between 120,000 and 140,000 
former Zairian displaced persons in Angola returned home under 
the auspices of the U.N. High Commissioner for Refugees. 

Approximately 200,000 Angolans have taken refuge in Zaire since 
1975, and an estimated 100,000 have taken refuge in Zambia. Of 
the estimated total of 400,000 Angolans who have left the 
country since independence, the Government claims that 180,000 
have returned, but this claim cannot be verified. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Citizens do not have the right to change their Government. 
Angola is ruled by a small group of officials within the party 
apparatus of the ruling MPLA. The Constitution provides for 
popular participation in the political process, but political 
activity is limited to participation in the MPLA or in one of 
its controlled and sanctioned organizations such as its youth 
wing, the Angolan Women's Organization, or the trade union 
movement. Political power is centered in the elite membership 



10 



ANGOLA 

of the Politburo and the somewhat larger central committee. 
Party membership is very restricted, with fewer than 30,000 
members out of a population of almost 8 million, according to 
the official media. 

The Constitution provides for a popularly elected National 
People's Assembly, established in 1981, and people's assemblies 
at the provincial and local level. However, despite recent 
suggestions from President Dos Santos that the powers and 
membership of the National People's Assembly be broadened, as 
of the end of 1986 only candidates chosen and endorsed by the 
party have been elected. Key members of the party also hold 
leadership positions in the people's assemblies. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government has allowed the ICRC and United Nations 
International Children's Emergency Fund (UNICEF) to provide 
food and medical assistance in areas it controls, and UNITA 
allows the ICRC to conduct similar operations in areas it 
controls or is contesting. The Government permitted the ICRC 
to visit one South African prisoner in Luanda but did not 
respond to ICRC requests for access to all persons arrested in 
connection with internal events and the military situation in 
the country. In its 1986 Report, Amnesty International reports 
mixed success in receiving Government responses to its 
inquiries and the information necessary to investigate possible 
abuses and track outstanding cases. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Angola's population of about 8 million is growing at the rate 
of 3 percent a year. Estimated gross domestic product per 
capita in 1985 was approximately $540, but this reflects the 
oil revenues from the Cabinda field and has little meaning to 
the bulk of the population in the midst of civil war and in any 
case has been stagnant. Many rural inhabitants have abandoned 
the countryside to seek food and safety in urban areas, such as 
Luanda, which have been overwhelmed by the influx. Given the 
great poverty and hardship prevailing in most of Angola, it is 
difficult to point to the possible effects of discrimination on 
the basis of race, sex, religion, language, or social status. 
For the average Angolan, life is nasty, brutish and short. 

Both the MPLA and UNITA have primarily ethnic bases of 
support — the MPLA among the Kimbundu, and UNITA among the 
Ovimbundu. Members of all of Angola's ethnic groups and 
religions, as well as women, participate in the MPLA, some at 
high levels of the party. But non-Kimbundu groups are greatly 
underrepresented in the small group within the ruling MPLA 
central committee and politburo. Over the last year, several 
prominent mesticos (Angolans of mixed racial background 
numbering only about 1 percent of the population) in the ruling 
MPLA have been removed from office or demoted. But mesticos 
remain the most highly skilled and educated group and are 
influential — politically, culturally, and economically — beyond 
their numbers. Women and blacks were given more positions in 
the top leadership by the 1985 Second Party Congress. 

CONDITIONS OF LABOR 

There is no information available on working conditions in 
Angola . 



11 



U.S. OVERSEAS 



■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: ANGOLA 



1934 



1935 



1986 



I.ECON. ASSIST.-TOTAL... 

LOANS 

GRANTS < 

A. AID 

LOANS , 

GRANTS 

(SEC. SU°P. ASSIST.) .. , 

3. FOOD FOR PEACE , 

LOANS 

GRANTS 

TITLE I-TDTAL , 

REPAY. IN $-LOANS...., 

PAY. IN FOR. CURR 

TITLE II-TOTAL 

E. RELIEF. EC. OEV I WFP. 

VOL. RELIEF AGENCY 

C. OTHER ECON. ASSIST... 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST.-TOTAL, 
LOANS , 

GRANTS , 

&.MAP GRANTS , 

3. CREDIT FINANCING., 
C.INTL MIL.EO.TRNG., 
D.TRAN-EXCESS STOCK, 
E. OTHER 3RANTS , 



III. TOTAL ECON. 3 '^IL- 

LOANS , 

GRANTS 



2.7 


4.2 


0.0 


o.a 


3.0 


0,0 


2.7 


^.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


2.7 


A. 2 


0.0 


0.0 


0.0 


0.0 


2.7 


4.2 


0.0 


O.D 


3.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


2.7 


4.2 


D.O 


2.7 


2.2 


0.0 


0.0 


2.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


OiO 


3.0 


0.0 


O.D 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


0.0 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


0.0 


2.7 


4.2 


0.0 


0.0 


0.0 


0.0 


2.7 


4.2 


0.0 



OTHER US LOANS 84.8 


3, 

0, 
0, 


.0 
.0 
.0 


0.0 


EX-IM BANK LOANS 34.8 

ALL OTHER 0.3 


0.0 
0.0 






ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1985 1986 




1946- 


-36 



TOTAL. 


33.1 


1 .3 


0,0 


75.1 


ISRO 


J.O 


0.0 


0.0 


0.0 


IFC 


0.0 


0.0 


0.0 


0.0 


IDA 


3.0 


0.0 


0.0 


0.0 


ID3 


0.0 


0.0 


0.0 


0.0 


AD3 


3.0 


0.0 


0.0 


0.0 


AF03 


31.7 


1.0 


. 0.0 


47.5 


UN OP 


1.4 


0.3 


0.0 


18.5 


OTHER-UN 


0.0 


0.0 


0.0 


9.1 


EEC 


3.0 


0.0 


0.0 


0.0 



12 



BENIN 



Following independence from France in 1960, Benin experienced 
political instability and numerous changes in government until 
1972, when the army staged a decisive coup that brought the 
present Government, headed by President Mathieu Kerekou, to 
power. In 1974, the new leadership declared the establishment 
of a Marxist-Leninist Government under the direction of a 
single political party, the People's Revolutionary Party of 
Benin. Despite the imitation of certain political structures, 
Benin's Marxism thus far bears little resemblance to that of 
the Soviet Union. The party itself is directed by a small 
leadership group in which the influence of the military 
remains important. It controls the selection of candidates 
for the National Revolutionary Assembly and local government 
bodies. The military hold 9 out of 15 cabinet positions. 

Early efforts at radical political and social transformation 
in the mid-1970 's encountered widespread resistance and 
resulted in significant erosions of political and personal 
liberties. An unsuccessful coup attempt in 1977 was followed 
by a period of intense suspicion toward foreigners and 
domestic critics. In recent years, however, the authorities 
have exhibited greater tolerance of divergent social and 
political views. 

Benin is ranked as one of the world's 35 poorest countries; 
its underdeveloped economy is largely supported by subsistence 
agriculture (80 percent of the population lives in rural 
areas), a small commercial sector, and recently oil 
production, located offshore near Cotonou. Economic activity 
has been hampered by the Government's efforts to institute 
centralized controls. In 1985 mounting balance of payments 
problems and rising debt service costs led the Government to 
enter into negotiations with the International Monetary Fund 
to reduce the number of state enterprises and to encourage 
foreign private investment. 

The human rights situation improved somewhat in 1986. There 
was an absence of incidents which might have caused the 
Government to use repressive measures. There were, however, 
credible reports that approximately 15 students were arrested 
at the National University in order to forestall anticipated 
demonstrations. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of political killings. 

b. Disappearance 

There were no reports of disappearance or secret arrests. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

In its 1986 Report, Amnesty International noted reports that 
soijie persons detained on political grounds in 1985 had been 
tortured or ill-treated. 



13 



BENIN 

Prison conditions in Benin are very poor. Sanitation 
facilities are inadequate, there is overcrowding, and the food 
supply is inadequate unless supplemented by food from friends 
or relatives. Physical punishment reportedly occurs. 

d. Arbitrary Arrest, Detention, or Exile 

Benin's legal system provides for the review of detentions by 
a court of law in all but a few sensitive political cases. 
The Constitution states that no citizen may be arrested 
without an order of arrest by an established judicial body. 
In practice, however, persons have been detained, some for 
extended periods, without charge and without recourse to legal 
assistance or judicial hearing. For example, the American 
Association for the Advancement of Science has reported that a 
Beninese physician, Afolabi Biaou, was arrested in November 

1984 and has been detained without charge since that time. 
Biaou was previously involved with the "Support Committee for 
Former Political Prisoners" in Benin and was allegedly arrested 
en route to the presidential palace where he had been summoned 
for a meeting. Most of these arrests have occurred during 
periods of political tension. Prior to his departure in 
October to meet with Western European leaders. President 
Kerekou ordered the release of about 50 prisoners held since 

1985 for having participated in strikes. Lengths of 
incarceration before trial are at the discretion of the 
authorities. Although arrests are not publicized, no special 
attempt is made to keep them secret. 

There were no reports alleging the use of forced labor, which 
is prohibited under Beninese law. 

e. Denial of Fair Public Trial 

Benin's judicial system is allowed to function independently 
in all but sensitive political cases. In such instances, 
detainees may or may not be permitted legal counsel or granted 
a public hearing. There is no time limit with respect to 
charging a defendant or bringing the accused to trial. In 
recent years, the Government has used only the established 
civilian "revolutionary court" system. These courts are 
organized on provincial and national levels, and there are 
plans for courts at the district level once sufficient judges 
have been trained. The highest court of appeal is the Central 
People ' s Court . 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Although Benin's Constitution guarantees the inviolability of 
the home and requires a warrant from a judge before the police 
can enter a residence, there have been occasional unconfirmed 
reports of forced entries in sensitive political cases. Other 
reports indicate that security police monitor telephones and 
the mail of suspected persons. There are no other known types 
of interference with the home or family. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

With two exceptions, the local press, radio, and television 
are all government owned and operated. The exceptions are a 
.weekly paper published by the Catholic church and Echo, a 
'monthly journal of opinion circulated throughout West Africa. 



14 



BENIN 

While both deal with political issues, they do so with 
circumspection. The official media carry only those stories 
that are approved by or serve the interests of the 
party-state. Opposition to government policies and open 
criticism of the Government are not tolerated. Academic 
freedom on nonpolitical issues, however, is permitted, and 
there is normally no censorship of foreign books and artistic 
works. Foreign radio broadcasts are readily available to much 
of the population through shortwave radio. No attempt is made 
to interfere with radio reception. 

b. Freedom of Peaceful Assembly and Association 

All meetings of a political nature must be sponsored by the 
single political party. Although organized public opposition 
to the Government itself is not permitted, there are numerous 
examples of groups which have organized to protest specific 
government policies or actions. In recent years, the 
Government has welcomed the formation of a wide variety of 
private social, service, and professional organizations 
(including Lion and Rotary clubs), many of which maintain 
active international affiliations. There is no known 
persecution of professional groups. 

Labor unions are organs of the party and unified under a 
general labor organization, the Union Nationale des Syndicats 
des Travailleurs du Benin (UNSTB) . Although controlled by the 
Government, individual local unions negotiate with individual 
employers on labor matters and represent workers' grievances 
to employers and to the Government. The Government often 
plays the role of arbiter. 

Although the right to strike is not explicitly denied or 
protected, it is clear that labor strikes are not sanctioned. 
The Constitution of 1977 states that "union activities are 
guaranteed to workers" but "must be used for the elevation of 
the conscience of the proletarian class and for the 
augmentation and continued development of production." When 
labor actions occasionally occur in Benin (usually by students 
rather than workers), they take the form of brief work 
stoppages to protest such things as late salary or scholarship 
payments . 

c. Freedom of Religion 

Christianity, Islam, and traditional religions all coexist in 
Benin, and adherence to a particular faith does not confer any 
special status or benefit. With the exception of one group. 
Celestial Christianity, which has been declared illegal by the 
Government, there are no restrictions on religious ceremonies 
or teachings, and religious conversion is freely permitted. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Domestic movement is not restricted. International movement 
is controlled in that a passport and exit permission must be 
obtained for travel to other than West African countries; 
obtaining these documents, however, is not difficult. 
Economic rather than governmental constraints usually preclude 
travel outside the region. There are no restrictions placed 
on residence within Benin, except for recently released 
prisoners who may be subject to travel restrictions. 



15 



BENIN 

Emigration is common in Benin. Many Beninese move to 
neighboring countries to earn a livelihood without jeopardizing 
their citizenship. Beninese living abroad are encouraged by 
the Government to return home to help develop their country, 
but only a small number have done so. By far the largest 
group of displaced persons in Benin is Chadians who have fled 
the fighting in their country. There are, according to the 
United Nations High Commissioner for Refugees, about 3,300 
displaced Chadians in Benin. Many of these are now 
permanently settled in Benin, although they are free to return 
to Chad if they wish. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Leadership is exercised by President Kerekou and a small group 
of senior party officials, many of whom hold positions in the 
Government. The electoral process allows for citizen 
participation in the nomination of candidates for the National 
Revolutionary Assembly, in theory the principal decisionmaking 
body of the Government. Party membership is neither a 
requisite for participation in this process nor for high 
office or civil service employment. The final selection of 
candidates for the single national slate, however, is made by 
the party leadership. No opposition parties or slates are 
permitted. The Assembly itself rarely takes issue with 
policies formulated by the party leadership. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government considers any outside attempt to investigate 
human rights practices to be interference in its internal 
affairs . 

On February 25, 1986, the Government of Benin deposited 
instruments of ratification for the Organization of African 
Unity Charter on Human and People's Rights. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Historically, Beninese women have played a major role in the 
commercial sector as well as in small-scale family farming. 
Women have not had the same educational opportunities as men. 
Most boys now attend primary school, but only about one out of 
every two girls is in the primary grades. Nevertheless, the 
Government officially encourages new opportunities for women 
and, while there are no women in ministerial positions, a 
number of women figure prominently in executive level positions 
in the presidency and in the various ministries. There are 
two women on the central committee of the party. The ruling 
party has a women's organization — the Organisation des 
Femmes Revolutionnaires du Benin (OFRB) . As do other 
specialized party organizations, the OFRB serves to transmit 
party policy to its members. It also provides a channel for 
women's views to be made known to the party leadership. 

CONDITIONS OF LABOR 

The Government has given vigorous support to policies designed 
to improve the conditions of average workers in both the 
industrial and agricultural sectors. It has, for example, 
committed itself to the gradual extension of free or low-cost 



16 



BENIN 

medical care and social services; legislated minimum wage 
levels and occupational safety conditions; and established 
procedures and mechanisms for the protection of worker rights, 
including legislation prohibiting child labor. The Beninese 
labor code establishes a 40-hour workweek and implicitly 
defines a "minimum age" by authorizing participation in the 
social security system beginning at age 14. The civil service 
administration will not hire persons under 18. In many 
instances, however, the Government's ability to enforce these 
policies and regulations is limited by a shortage of 
administrative and financial resources and by the need for the 
entire family to farm subsistence plots of land. 



17 



U . S . V E R S £ ft S 



■LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: aiNIN (DAHOMEY) 



1954 



1985 



1986 



I.ECON. ASSIST.-TOTAL.. . 

LOANS 

GRANTS 

A. AID 

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.) .. . 

3. FOOD FOR PEACE 

LOANS 

GRANTS 

TITLE I-TOTAL 

REPAY. IN $-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAL 

£. RELIEF. EC.OEV i WFP. 

VOL. RELIEF AGENCY 

C. OTHER SCON. ASSIST.. . 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 

II.MIL. ASSIST.-TOTAL... 

LOANS 

GRANTS 

4. MAP GRANTS 

3. CREDIT FINANCING.... 
C.IfJTL MIL.E0.TRN3.... 
D.TRAN-EXCESS STOCK... 
E. OTHER GRANTS 

III. TOTAL ECON. 5 MIL... 

LOANS 

GRANTS 



3.0 


3.2 


1.5 


0.0 


0.0 


0.0 


3.0 


3.2 


1.5 


0.0 


0.4 


0.2 


0.3 


0.0 


0.0 


0.3 


3.4 


0.2 


0.0 


0.0 


0.0 


1.9 


1.5 


0.0 


0.0 


0.0 


0.0 


1.9 


1.5 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.3 


3.0 


0.0 


1.9 


1.5 


0.0 


0.5 


0.7 


0.0 


1 .4 


0.8 


0.0 


1.1 


1.3 


1.3 


0.0 


0.0 


0.0 


1.1 


1.3 


1.3 


1.1 


1.3 


1.3 


O.D 


0.0 


0.0 


0.3 


3.0 


0.0 


0.0 


0.1 


0.1 


0.0 


0.0 


0.0 


0.3 


0.1 


3.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.3 


0.1 


0.1 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


3.3 


1.6 


0.0 


0.0 


0.0 


3.3 


3.3 


1.6 



OTHER US LOANS. ... 
EX-IM BANK LOANS, 
ALL OTHER 



0.0 
0.0 
0.3 



0.0 
0.0 
3.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1935 1986 



1946-86 



TOTAL. ... 

IB?D 

IFC 

IDA 

103 

A03 

AFOB 

UNDP 

OTHER-UN 

ESC 



41.8 


30.9 


11.9 


434.3 


0.0 


0.0 


0.0 


0.0 


D.O 


D.O 


0.0 


0.0 


35.4 


5.0 


11.9 


225.5 


0.0 


O.D 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


9.5 


. 0.0 


83.9 


3.2 


2.9 


0.0 


31.2 


3.2 


0.0' 


0.0 


9.4 


0.0 


13.5 


0.0 


34. 3 



18 



BOTSWANA 



Botswana is a multiparty democracy with free elections, an 
independent judiciary, a small police force, and a well- 
disciplined army subservient to civilian authority. Under the 
Constitution, executive power is vested in the President, 
chosen in a national election for a 5-year term, most recently 
in 1984. The President, currently Quett K.J. Masire, selects 
the Cabinet from the National Assembly. One party continues to 
dominate the country's politics: the Botswana Democratic 
Party (BDP) has held a majority in the National Assembly since 
independence and at the end of 1986 controlled 30 of 34 
elective seats. 

Botswana encourages private enterprise and free trade. All 
citizens, including those whites who accepted Botswana 
citizenship, are free to participate in the economic and 
political life of the country. Exploitation of the country's 
mineral resources has stimulated economic development, and per 
capita gross domestic product increased from $69 in 1966 to 
$950 in 1986. Despite this progress, about 75 percent of the 
population is dependent on subsistence agriculture and live in 
rural areas. 

Botswana's human rights record generally remains good. 
Citizens receive equal protection under the law; domestic 
political violence is unknown; public debate, including that 
in the press, is lively; and several women hold positions of 
importance in the public and private sector. However, Botswana 
suffered increasing pressure from neighboring South Africa in 
1986, which resulted in the Gaborone Government adopting a 
strong National Security Act, greatly enhancing the powers of 
the Attorney General and the police force in national security 
cases. As of August, 110 people had been arrested under this 
Act. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

The Government has never been accused of involvement in 
political killings. There is no guerrilla or insurgency 
activity directed against the Government. However, South 
Africa's May 19 commando raid killed one person, and a June 14 
shooting incident (on the anniversary of South Africa's first 
raid on Gaborone) killed another, for which Botswana officially 
blamed the South African Government. No summary executions 
have occurred in Botswana. 

b. Disappearance 

The Constitution provides for the protection of personal 
liberty. However, the new National Security Act grants the 
Government the authority to hold detainees incommunicado on 
security grounds. Botswana's Chief of Police has lessened the 
full impact of this law by periodically stating publicly how 
many people have been arrested in connection with security 
matters. Most of those arrested have been South Africans who 
were temporarily detained for attempting to bring guns or 
contraband into Botswana without a permit. There was no 
evidence that this law led to the disappearance of any 
detainees . 



BOTSWANA 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

There were no reports of improper treatment by the police of 
criminals or criminal suspects during 1986. Prison conditions 
allow for adequate diet, health care, and visits from family 
members. Jails in Botswana can be crowded and inmates who have 
no relatives to see to their needs may encounter difficulty in 
arranging for maintenance. Flogging is permitted for 
infractions of prison rules and is mandatory punishment for 
rape, attempted rape, armed robbery, burglary, housebreaking, 
and related offenses. Traditional tribal courts presided over 
by a chief, where jurisdiction is limited to minor offenses, 
may also sentence individuals to be flogged. 

d. Arbitrary Arrest, Detention, or Exile. 

The Botswana Constitution contains a provision protecting 
citizens from arbitrary arrests. This provision still applies 
despite the passage of the new National Security Act. 
Preventive detention is illegal, and habeas corpus exists both 
in law and practice. Police are required to bring a suspect 
before a magistrate for charging within 48 hours of his arrest. 
There is a functioning system of bail, and defendants have 
access to lawyers of their own choosing. In security cases, 
the suspect must be arraigned within 96 hours of his arrest. 
In nonsecurity cases, suspects must be released after 48 hours 
unless the magistrate issues a warrant of detention which is 
valid for 14 days. Every 14 days the police must appear 
before the magistrate and show they are making progress in the 
case. To date there have been no known abuses of this system. 

Forced labor is illegal in Botswana and is not practiced. 

e. Denial of Fair Public Trial 

The right to a fair public trail is provided by law and honored 
in practice; trials involving national security, however, may 
be closed to the public. Defendants are entitled to counsel; 
consultation between defendants and counsel may be held in 
private. There are clearly defined appeal procedures. The 
judiciary is independent of the executive and the military and 
consists of a High Court, Court of Appeals, magistrate courts, 
and customary courts. The High Court has ruled that there 
exists the right against self-incrimination in the courts. 
Moreover, silence cannot be construed as guilt, and the burden 
of proof remains with the prosecution except in security 
matters. Since no case has yet been tried under the National 
Security Act, legal practice under its provisions is not yet 
clear. There are no political prisoners in Botswana. 

Botswana created a customary court of appeal in 1986, 
permitting cases tried in the traditional court system (which 
exists alongside the magistrate's courts) the right to appeal 
judgments in familial and property cases. About 100 cases were 
heard in this court during its first 6 months of existence. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

These rights are safeguarded by law and respected in practice. 
A search warrant issued by a magistrate is required for an 
official to enter a private residence, except in cases of 
suspected diamond theft, drug trafficking, or national security 
matters. There were no reported instances in which this 



20 



BOTSWANA 

authority was used for diamond or drug related cases in 1986, 
and the Government did not state whether the powers of search 
contained in the new National Security Act were used. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Freedom of speech and of the press are guaranteed by the 
Constitution and are respected in practice. The government- 
owned newspaper and radio continue to report statements by all 
opposition parties. Three independent weekly newspapers 
publish articles on a wider range of views than the government- 
owned media. Reporting on several sensitive political issues 
during 1986 demonstrated that the independent press has 
continued to evolve. This development, along with an effective 
judiciary and a functioning democratic political system, 
combine to insure freedom of speech and of the press. 

b. Freedom of Peaceful Assembly and Association 

Freedom of assembly is a well-established tradition in 
Botswana, exemplified by the kgotla, a communal gathering 
similar to a New England town meeting in which citizens freely 
question leaders and voice opinions on local politics. Kgotla 
meetings are used regularly by political candidates and 
members of Parliament, including Ministers, to explain their 
programs to the people. Large gatherings require local police 
approval, which is routinely given. Demonstrations are 
permitted so long as order is maintained. Organizers are 
required to submit a detailed plan for any demonstration and 
are personally responsible for ensuring that the plan is 
followed. 

Unions have the right to organize, to bargain collectively, 
and to strike after exhausting established procedures, which 
require that the Goverrunent be invited to arbitrate the 
dispute. In practice, strikes are very rare and the wildcat 
strike in the banking sector in late 1986 was quickly settled. 
Unions have chafed under goverrunent regulations which prohibit 
financial contributions to unions from outside Botswana and 
require that all union leaders continue to work full-time in 
the trade their union represents, thus preventing employment 
of paid, full-time union organizers. Unions are important in 
the country's largest industries (mining-related) but have not 
yet developed a base in other sectors of the economy. 
Completely independent of government control or party 
affiliation, unions in Botswana actively represent their 
members. Unions associate freely with international 
organizations, and members attend international conferences. 
The Botswana Federation of Trade Unions (BFTU) is affiliated 
with the International Confederation of Free Trade Unions and 
is also a member of the Organization of African Trade Union 
Unity and the Southern African Trade Union Coordination 
Council (SATUCC). 

In March 1986, the Government canceled the residence permit of 
the Malawian Executive Secretary of SATUCC. The organization 
relocated its headquarters outside Botswana. While the 
Government gave no reason for its action, critics of its labor 
policy claim the expulsion was designed to limit foreign labor 
assistance to Botswana's trade unions as part of a policy of 
restraining organized labor. 



21 

BOTSWANA 

c. Freedom of Religion 

Open practice of religion is permitted and encouraged. There 
is no state religion. While most residents identify 
themselves with Christian sects, active groups of Muslims, 
Hindus, Baha'is, and others practice their faiths freely. 
Religious affiliation is neither an advantage nor disadvantage 
politically or socially. Religious conversion is permitted, 
and missionaries are allowed to enter the country and 
proselytize. Foreign clergy are also permitted to enter 
Botswana and to serve expatriate congregations. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation. 

Botswana citizens are subject to virtually no restrictions on 
emigration or repatriation. Domestic and foreign travel are 
unrestricted and passports are easily obtained. Refugees 
documented by the United Nations High Commissioner for Refugees 
(UNHCR) are generally required to live in the settlement at 
Dukwe in northern Botswana where conditions are relatively 
good, due mainly to contributions of international donor 
organizations. Refugees may be authorized to live elsewhere 
for reasons such as employment or schooling. As with other 
foreigners in Botswana, refugees are not permitted to accept 
jobs which could be filled by a local citizen. Due to 
allegations from some neighboring countries that refugees are 
using Botswana as a sanctuary in which to pursue activities 
against the governments of their respective home countries, 
Botswana has declared that Dukwe residents found outside the 
camp without permission will be considered to have abandoned 
refugee status and will be repatriated as a deterrent to 
questionable activities by other refugees. 

In June 1986, Botswana's Minister of Presidential Affairs and 
Public Administration P.H.K. Kedikilwe (who holds the 
portfolio for refugee matters) reiterated Botswana's 
determination to continue to accept refugees despite the 
pressure by South Africa to cease. The Minister stated that 
Botswana would increase the screening of refugee applicants to 
make sure that the applicants have no ties to the African 
National Congress (ANC) or the Pan-Af r icanist Congress (PAC). 
Over 600 Zimbabwean refugees voluntarily returned home from 
Botswana during 1986. However, Botswana involuntarily 
repatriated one Zimbabwean, Makhatini Guduza, in February. In 
explaining this repatriation, Presidential Affairs Minister 
Kedikilwe stated that Botswana had "irrefutable evidence 
indicating Guduza s direct involvement in hostile activities 
against the Government of Zimbabwe," which he claimed 
constituted a violation of Guduza' s status as a refugee. 
Kedikilwe added that Botswana had sought a country of second 
asylum for Guduza without success. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government . 

Botswana is ruled by a goverrment genuinely elected by its 
people. In the 1984 national election (the fifth since 
Botswana became independent), an estimated 70 percent of the 
eligible voters registered, and 86 percent of the registered 
voters actually cast their ballots. In 1986 Botswana held an 
important by-election in which an opposition party candidate 
won by a sizable majority despite a hard-fought campaign by 
the country's ruling party. 



22 



BOTSWANA 

There are five parties in Botswana, three of which are 
represented in the country's National Assembly. Opposition 
parties now control three city councils in the country, 
including Gaborone, Jwaneng, and Francistown. However, one 
party, the Botswana Democratic Party (BDP), continues to 
dominate the country's politics, having held a majority in the 
National Assembly since independence in 1966. 

The political rights of women and minority groups are generally 
observed. For example, there are two female members of 
Parliament, one the Minister of External Affairs, the other 
the executive secretary of the majority party. Several 
members of minority ethnic groups are also represented in the 
National Assembly; one white member of Parliament is also a 
cabinet minister, and the Speaker of the National Assembly is 
white. Several cabinet ministers are of Kalanga or Bakgaligadi 
descent . 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

Botswana cooperates with international agencies concerned with 
human rights, most notably the UNHCR which maintains offices 
within Botswana. There are no Botswana-based organizations 
set up to observe, report, or contest human rights violations. 
The Government consistently has responded promptly and 
forthrightly to inquiries on the human rights situation in 
Botswana but usually refrains from public comment on alleged 
human rights violations in neighboring countries. However, 
Botswana condemns apartheid and advocates positive 
socioeconomic development in South Africa. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

While 95 percent of the population is made up of the Batswana 
tribe, there are eight subgroups, and ethnic differences do 
exist in Botswana., though they play a marginal role in the 
country's politics. Only the approximately 50,000 Basarwa or 
Bushmen remain generally unrepresented in government. Because 
the Basarwa live primarily in remote, rural areas and have 
little contact with the population centers of Botswana, the 
Basarwa remain relatively unaffected by government educational 
and economic assistance programs and, consequently, have 
participated only marginally in the country's political life. 
The Government does not oppress or deny them rights, and they 
have full rights of suffrage. 

Women hold approximately 24 percent of the paid jobs in 
Botswana. An estimated 41 percent of central government 
employees are women, many of them, as noted, in high-level 
positions. While there is little overt discrimination, 
statistics suggest that social custom elevates the perquisites 
and privileges of men above those of women. Some 4 percent 
of rural households are headed by women. Generally speaking, 
women's economic opportunities — access to capital, labor, 
draft animals, seeds for farming — are significantly worse than 
those of men. Women may choose between civil marriage, in 
which all property is held in common, or customary marriage, 
which recognizes individual property brought to a marriage. 
Most women are not aware of the implications of these 
alternatives, however. Often a married woman is unable to 
obtain a bank loan without the signature of her husband, and 
likewise an unmarried woman must obtain the signature of her 



23 



BOTSWANA 

father. The Government has assisted in the publication of a 
women's rights handbook, and has established preference points 
for women seeking government-sponsored development loans. 

CONDITIONS OF LABOR 

Botswana law prevents the employment of children 12 years and 
younger by anyone except members of the child's immediate 
family. No juvenile under the age of 15 can be employed in 
industry, and only those over 16 can be employed in night work, 
No person 16 or younger is permitted to work in hazardous 
jobs, including mining. Women are not permitted to work at 
night (except on an emergency basis in agricultural work) and 
are not permitted to work as miners. Moreover, Botswana law 
protects young people from recruiters for jobs outside the 
country. The law also provides for minimum working standards, 
including job safety, maximum working hours per week, and a 
minimum wage. For some jobs during certain seasons, Botswana 
law permits a workweek longer than 48 hours (such as in 
agriculture during the harvest season). 



66-986 0-87-2 



24 



U.S.0VERSE4S 



■LOANS AND GRANTS- OBLIGATIONS AND- LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



CO'JNIRY: BOTSWANA 



1934 



1935 



1986 



I.ECON. ASSIST 
LOANS. .. . 


.-TOTAL.. . 


GRANTS 


A. AID 


LOANS 


GRANTS 


(SEC. SU=»P. ASSIST.) ... 

B.FOOD FOR PEACE 

LOANS.... 


GRANTS 


TITLE I-TDTAL 




REPAY. IN t-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAl 


E. RELIEF. EC. 

VOL. RELIEF A 

C. OTHER EC ON. 

LOANS ... . 


DEV 5 WFP. 
GENCY 

ASSIST. . . 


GRANTS 



PEA 
NAR 
OTH 



CE CORPS, 
COTICS... 
ER 



II. MIL. ASSIST. -TOTAL, 

LOANS , 

GRANTS , 

l.MAP GRANTS 

3. CREDIT FINANCING.. 
C.INTL MIL.ED.TRNG. , 
D.TRAN-EXCESS STOCK, 
E. OTHER GRANTS 



III. TOTAL ECON. S MIL, 

LOANS , 

GRANTS , 



20.3 


23.7 


16.5 


0.0 


0.0 


0.0 


20.3 


23.7 


16.5 


10.8 


10.1 


13.7 


0.0 


0.0 


0.0 


10.3 


10.1 


13.7 


0.8 


10.1 


10.7 


8.0 


11.7 


0.0 


0.0 


0.0 


0.0 


8.0 


11.7 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


8.0 


11.7 


0.0 


8.0 


11.7 


0.0 


0.0 


0.0 


0.0 


1.5 


1.9 


2.3 


O.D 


0.0 


0.0 


1.5 


1.9 


2.8 


1 .5 


1.9 


2.8 


0.0 


0.0 


0.0 


0.0 


3.0 


0.0 


9.2 


9.3 


3.7 


7.0 


5.0 


0.0 


2.2 


4.3 


3.7 


2.0 


4.0 


3.4 


7.0 


5.0 


0.0 


0.2 


0.3 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


29.5 


33.0 


20.2 


7.0 


5.0 


0.0 


22.5 


28.0 


20.2 



OTHER US LOANS 0.3 


3, 
0, 
0, 


.0 0.0 


EX-IM BANK LOANS 0.0 

ALL OTHER 0.0 


.0 0.0 

.0 0.0 






ASSISTANCE FROM INTERNATIONAL AGENCIES 
1984 1985 1986 




1946-86 



TOTAL 


50.1 


52.4 


43.6 


403.8 


IBRD 


45.3 


10.7 


.33.6 


265.8 


IFC 


0.0 


0.0 


0.0 


0.8 


IDA 


0.0 


0.0 


0.0 


14.8 


ID3 


0.0 


0.0 


0.0 


, 0.0 


ADB 


0.0 


0.0 


0.0 


0.0 


AFD3 


0.0 


41.0 


0.0 


72.3 


UNDP 


0.8 


0.7 


0.0 


16.8 


OHER-UN 


3.0 


0.0 


0.0 


2.8 


EEC 


4.0 


0.0 


10.0 


35.5 



25 



BURKINA FASO 



Burkina Faso, one of the poorest countries in the world, is a 
victim of frequent drought and political instability. In 
August 1983, Captain Thomas Sankara took power as President of 
Burkina Faso and of the National Council of the Revolution 
(CNR), Burkina's main forum for political decisions, in the 
country's third military coup since 1980. No political party 
activities have been permitted since 1980, and there are no 
indications that the country will return to constitutional 
rule. Instead, the Government uses a network of Committees 
for the Defense of the Revolution (CDR) , organized at national, 
regional, and local levels, to mobilize the population and 
promote its revolutionary goals. 

Burkina Faso is overwhelmingly tied to subsistence agriculture, 
with 90 percent of the population living in rural areas. The 
economy is highly vulnerable to fluctuations in rainfall. 
Drought, lack of communications and other infrastructure, a 
low literacy rate, and a stagnant economy are all longstanding 
problems . 

There was improvement in the human rights situation in Burkina 
Faso in 1986, and the Government amnestied all prominent 
political detainees. The confrontation between the Government 
and labor eased. However, arbitrary arrests and brief 
detentions without charges or trial of potential political 
opponents continued, albeit in diminished numbers. Trials of 
businessmen and civil servants continued, almost exclusively 
on fraud and corruption charges, outside the traditional 
judicial system in People's Revolutionary Courts where 
defendants had no recourse to legal counsel. Civil servants, 
military, and police accused of lack of enthusiasm for the 
revolution continued to be dismissed for reasons ranging from 
misconduct to laziness, although in lesser numbers than during 
1984 and 1985. 

Mali and Burkina Faso fought a 5-day border war in late 
December 1985 over the long disputed Agacher strip, potentially 
rich in mineral resources. Tensions between the two countries 
remain high, but a ruling from the International Court of 
Justice at the end of 1986 won praise from both countries, 
which have publicly vowed to abide by it. Prisoners from the 
December border war have been repatriated. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no known political killings. 

b. Disappearance 

There were no reports of politically motivated disappearance. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

There were no reports of torture in 1986, but there were 
several allegations of degrading treatment of detainees. 
Anonymous tracts alleged that certain students, trade union 
members, and teachers had been detained without charge and 
manhandled by security authorities. 



26 



BURKINA FASO 

Prison conditions are poor, in part because of the material 
poverty of the country. 

d. Arbitrary Arrest, Detention, or Exile 

Reports of arbitrary arrest, followed by detention for several 
days without charge, continued in 1986. In many cases, these 
appear to have been initiated by poorly trained CDR security 
patrols. The law permits preventive detention without charge 
for a maximum of 72 hours, renewable for a single 72-hour 
period in criminal cases. This law is generally followed in 
practice but with frequent exceptions for both Burkinabe and 
foreign nationals, especially in political cases. In cases of 
emergency or national security the military code overrides the 
civil code. Military code procedures provide for continued 
detention beyond 72 hours. For example, at least two suspects 
in a June 1985 ammunition dump explosion case were imprisoned 
for over 1 year without trial. 

On August 4, Burkina Faso's national day. President Sankara 
amnestied all remaining suspects in the June 1985 incident 
plus a number of former ministers. Several prominent 
political personalities such as former President Colonel Saye 
Terbo, however, remained under a loose form of house arrest. 
Paul Rouamba, former ambassador to the U.S. and Ghana, remained 
imprisoned. 

Several prominent intellectuals, military officers, and former 
government officials remained in self-imposed exile. Several 
times during late 1985 and in 1986, President Sankara publicly 
appealed to all exiles to return home, promising a place for 
them in Burkina Faso's struggle for economic development. 

Forced or compulsory labor is prohibited by the labor code and 
is not known to be practiced. 

e. Denial of Fair Public Trial 

During 1986 the people's revolutionary courts, created in late 
1983 with jurisdiction over state security and political 
crimes, heard cases involving primarily public corruption. 
The court president is a magistrate appointed by the Government 
to head the tribunal which is composed of magistrates, military 
personnel, and members of the Committees for the Defense of the 
Revolution. The court president asks questions directly of the 
defendant. There is no role for a public prosecutor, and the 
accused has no right to consult counsel during the session. 
Witnesses can be called by the court, or they can present 
themselves to give testimony. In 1986 these courts were used 
extensively but only in corruption and embezzlement cases. 

President Sankara has said these people's courts should be 
viewed as a permanent part of the country's judicial system, 
and the Government is considering an expansion of such courts. 
The Government has already organized a series of similar 
tribunals to hear minor cases at the village, department, and 
province levels. Most of the judges in these courts are 
popularly elected. The Government's oft-stated aim in 
establishing these "popular" courts is to ensure fair access 
to justice for an overwhelmingly illiterate, impoverished 
population . 

Meanwhile, the regular judiciary, patterned after the French 
system, has continued to function for criminal and civil cases. 
Defendants traditionally receive a fair trial and are 



27 



BURKINA FASO 

represented by counsel. However, the fact that some of those 
amnestied in 1986 were never tried, and most were sentenced on 
corruption charges by the people's revolutionary courts, 
illustrates the unlikelihood of a political detainee ever 
being brought to trial in the French-based legal system. 
Under the Government's reorganization program, the regular 
judiciary will likely be limited to responsibility for 
business and commercial law. The people's revolutionary 
courts will probably expand their competence in political and 
criminal cases. 

f . Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Government authorities are not known to interfere in the 
privacy, family, home, or correspondence of ordinary citizens. 
Homes may be searched only under authority of a warrant issued 
by the Attorney General, a procedure generally followed in 
practice. There is no regular monitoring of private 
correspondence or telephones. However, in national security 
cases a special law permits surveillance and search of homes 
and persons and monitoring of telephones and correspondence 
without a warrant. This law has been used against individuals 
suspected of participation in coup plots. 

The Government encourages participation in the Committees for 
the Defense of the Revolution (CDR) . While there is little 
discrimination against those who choose not to become 
involved, vigorous participation in CDR activities helps in 
obtaining civil service appointments and promotions. The 
Government considers opposition to activities of the CDR's to 
be political opposition, which can lead in serious cases to 
such measures as discharge from the civil service. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

While there is no formal government censorship, the high pitch 
of revolutionary rhetoric, with its frequent references to 
enemies of the state at home and abroad, inhibits both 
government-employed journalists and ordinary citizens from 
taking advantage of their theoretical right to express critical 
views. The same inhibition, further stimulated by some sudden 
dismissals from government service and by reports of arbitrary 
arrest, continued to dampen a lively tradition of debate on 
political topics. University professors and administrators 
have been criticized for "elitism" and dismissed for alleged 
counterrevolutionary tendencies, although others have expressed 
critical views without government retaliation. University 
students are now subject to political education. 

Under the control of the Minister of Information, the media, 
which consist of a daily and a weekly newspaper, two weekly 
magazines, and a government-operated radio/television station, 
are almost entirely government owned. There is no serious 
criticism of the Government in the media, which are charged 
with carrying official news to the people while defending the 
revolution. There are occasional government-authorized 
criticisms made of the performance of individual officials. 
Something approaching political criticism is found in a new 
satirical weekly, run by the Government itself, which 
concentrates on relatively harmless foibles of political 
leaders, including the President. Foreign newspapers and 
magazines continue to enter the country freely. Foreign 



28 



BURKINA FASO 

journalists travel and file stories without censorship or 
hindrance and enjoy easy access to government officials. 

In the arts, movies are subject to censorship by a review 
board which includes religious authorities as well as 
government officials. During 1986 a wide variety of American, 
French and other foreign films were shown. In 1986 there were 
no instances of political censorship of movies. There is no 
interference with international radio broadcasts. 

b. Freedom of Peaceful Assembly and Association 

Political parties are banned and administrative permission is 
generally required for assemblies of any kind. Nonpolitical 
associations for business, religious, cultural, sporting, and 
other purposes are allowed and experience no difficulty in 
obtaining permission to meet. 

Organized labor continues to be an important force in Burkina. 
There are four labor federations — of which the largest is 
affiliated with the International Confederation of Free Trade 
Unions. There are also a number of autonomous unions. The 
federations take turns representing organized labor at the 
International Labor Organization meetings and participate in 
African regional labor meetings as well. 

Unions have the right to bargain for increased wages and other 
benefits within a specific bargaining unit such as a company 
or factory. They represent the interests of their members in 
the private and public sectors, as well as before the labor 
inspection service of the Government and before the courts. 
All unions jealously guard their independence from the 
Government. Organized labor has the formal right to strike, 
but the present Government has greatly restricted this right 
in practice. 

The 1985 confrontation between the Government and labor eased 
in 1986. There were no known suspensions from public 
employment of union leaders, as occurred in previous years. 
A prominent Marxist trade union leader, Soumane Toure, was 
released from detention on October 2, leaving no known trade 
union leaders in prison. There were no indications that 
existing labor organizations would be brought under government 
control or replaced by a national labor federation. 
Jurisdictional conflicts with the CDR's diminished. President 
Sankara indicated he wishes to maintain a dialog with all 
Burkinabe trade unions. 

c. Freedom of Religion 

Burkina Faso is a secular state, and there is no discrimination 
discrimination on religious grounds. Islam and Christianity 
exist side by side, with about 25 percent of the population 
being Muslim and 10 percent Christian. The remainder practices 
traditional religions. Both Muslim and Christian holidays are 
recognized as national holidays. Social mobility and access 
to modern sector jobs are neither linked to, nor restricted 
by, religious affiliations. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Travelers within Burkina Faso are often stopped at police, 
army, and internal customs checkpoints. Moreover, armed CDR 
units maintain checkpoints between 1:00 a.m. and 5:00 a.m., 



29 



BURKINA FASO 

though these checks diminished in frequency during 1986. 
Foreign travel for business and tourism is not restricted. 
Exit permits, once used to limit movements of workers to 
neighboring countries, particularly to the Cote d'lvoire where 
1 million or more Burkinabe continue to reside and work, are 
no longer required. Refugees are accepted freely in Burkina 
Faso and attempts are made to provide for their care in 
cooperation with the United Nations High Commissioner for 
Refugees. The Government cooperated with the International 
Committee of the Red Cross (ICRC) in allowing ICRC visits to 
prisoners of war following the 5-day war with Mali and in 
facilitating emergency assistance to some 4,000 displaced 
persons . 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Supported by the military. President Thomas Sankara rules in 
the name of the National Council of the Revolution (CNR), the 
composition of which has never been disclosed. There is 
neither a legislative body nor any recognized political 
opposition group. In consultation with the CNR, Sankara 
appoints his Cabinet, which currently consists of 23 posts, 4 
held by military personnel and the rest by civilians, 
including 5 women. The Government has not given any hint of 
plans for elections or for a return to constitutional 
government . 

In November 1985, the CNR created a hierarchy of commissions 
bringing together CDR officials, government ministry 
authorities, and provincial authorities culminating in a 
special commission chaired by the President himself that first 
met in September 1986. These commissions are apparently 
intended to ascertain what the population needs and to guide 
the administration in providing it. They are only beginning 
to function; their political role is not yet clear. The 
Government is the largest employer and uses its control over 
jobs to ensure political support. The number of dismissals on 
political grounds was significantly lower in 1986 than in 1985. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

A government-supported organization lobbies against the South 
African apartheid system and other racial oppression, but it 
makes no effort to look into domestic human rights issues or 
foreign practices other than racial discrimination. The 
Government has made no attempt to hinder the activities of 
international human rights organizations. It denied reports 
by Amnesty International in its 1986 Report (covering 1985) 
which stated that several alleged political opponents of the 
Government had reportedly been severely tortured, including by 
electrical shocks, and that one person may have died as a 
result of this torture. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Minority ethnic groups are as likely to be represented in the 
inner circles of the Government as are the dominant Mossi, who 
comprise 50 percent of the population. Government decisions 
do not favor one ethnic group over another. One announced 
reason for the increase in administrative regions from 



30 



BURKINA FASO 

11 to 30 since the August 1983 coup was to improve access of 
minority groups to local administrative authorities. 

The role of women in Burkina Faso is still limited by the 
cultural orientation of a rural African society. For example, 
male children attending school outnumber female children by 
about two to one. The Government has emphasized its strong 
commitment to expanding opportunities for women, including 
educational opportunities. The Ministry of Family Progress 
plays a leading role in promoting greater participation by 
women in the nation's economic, social, and political life. 
In addition to the five women ministers in the current 
Cabinet, women have been appointed high commissioners in 
several provinces, and women have been named as magistrates in 
the judicial system. 

CONDITIONS OF LABOR 

The labor code sets the minimum age for employment at 14, the 
average age for completion of basic secondary school. 
However, the Government lacks the means to enforce this 
provision adequately, owing to the large number of small 
family subsistence farms, and the traditional apprenticeship 
system. A minimum monthly wage of about $75 and a maximum 
work week of 48 hours are stipulated by the labor code, as are 
safety and health provisions within the capabilities of the 
country's relatively small nonagricultural sector. A system 
of government inspections and labor courts ensures that these 
provisions are applied in the industrial and commercial 
sectors, but they have been impossible to enforce in the 
dominant subsistence agriculture sector. 



31 



U.S. OVERSEAS 



•LOHHS AND GRANTS- OBLIGATIONS ANO LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRT: BURKINA 



1 934 



1935 



1936 



I.ECON. ASSIST.-TOTAL... 

LOANS 

GRANTS 

A. AIO 

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.) .. . 

B.FOOD FOR PEACE 

LOANS 

GRANTS 

TITLE I-TOTAL 

REPAY. IN ^-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAL 

£. RELIEF. EC.OEV 5 WFP, 

VOL. RELIEF AGENCY 

C. OTHER ECON. ASSIST... 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST.-TOTAL. 

LOANS , 

GRANTS , 

4. MAP GRANTS 

3. CREDIT FINANCING.. 
C.INTL MIL.ED.TRNG. , 
D.TRAN-EXCESS STOCK, 
= . OTHER GRANTS 



III. TOTAL ECON. S >ML 

LOANS 

GRANTS 



17.6 


26.7 


16.2 


o.a 


0.0 


0.0 


17.6 


26.7 


16.2 


0.0 


7.6 


14.9 


0.0 


0.0 


0.0 


0.0 


7.6 


14.9 


0.0 


0.0 


0.0 


16.1 


17.6 


0.0 


0.0 


3.0 


0.0 


16.1 


17.6 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


16.1 


17.6 


0.0 


6.6 


4.4 


0.0 


9.5 


13.2 


0.0 


1.5 


1.5 


1.3 


0.0 


0.0 


0.0 


1.5 


1.5 


1.3 


1.5 


1.5 


1.3 


0.0 


0.0 


0.0 


0-. 3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


0.0 


0.3 


3.0 


0.0 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.3 


0.0 


0.0 


17.6 


26.7 


16.2 


0.0 


0.0 


0.0 


17.6 


26.7 


16.2 



OTHER US LOANS. .. . 
EX-IM BANK LOANS, 
ALL OTHER , 



0.0 
0.0 
0.0 



0.0 
0.0 

3.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1935 1986 



1946-36 



TOTAL 


49.1 


64.5 


Q..0 


591.6 


IBRD 


3.0 


0.0 


0.0 


3.0 


IFC 


0.0 


0.0 


0.0 


0.5 


IDA 


7.4 


51.9 


0.0 


31 5,. 4 


ID3 


0.0 


0.0 


0.0 


0.0 


AOS 


0.0 


0.0 


0.0 


0.0 


AFDB 


41.4 


1.4 


. 0.0 


95.2 


UNOP 


0.3 


1.2 


0.0 


53.0 


OHER-UN 


0.0 


O.D 


0.0 


16.1 


EEC 


0.0 


0.3 


0.0 


111.4 



32 



BURUNDI 



The Republic of Burundi is a one-party state led by President 
Jean-Baptiste Bagaza, an army colonel who came to power in 
1976 through a bloodless coup. The role of the military in 
the Government is still influential but has steadily declined 
in day-to-day governance as Bagaza has appointed civilians to 
most key government positions. The National Party for Unity 
and Progress (UPRONA) is the only signficant political entity 
in Burundi. As head of the party and the Government, 
President Bagaza has a dominant policy role. He also has 
certain decree powers and appoints and dismisses judges. The 
dominance of the minority Tutsi over the majority Hutu ethnic 
group is the central political and social reality of Burundi 
which continues today through Tutsi control of emerging 
political institutions and the military. However, Bagaza has 
instituted a policy of tribal reconciliation and has appointed 
Hutus to all levels of government, which reflects an 
improvement in representation in the Government over past 
years . 

The armed forces maintain law and order. In addition, there 
is a regular police force responsible for civil and criminal 
offenses and a separate force of security police responsible 
primarily for internal state security, including the 
monitoring of dissent. The State Security Police have the 
same powers of arrest as the regular police and are subject to 
the same process of judicial review of detentions. 

Burundi is a very poor country with one of the highest 
population densities in Africa. Most Burundi earn their 
livelihood as subsistence farmers working small, privately 
owned plots. The small monetary economy is based on coffee, 
which accounts for 85 percent of foreign exchange. Recent 
gains made in food production and agriculture have been 
largely offset by the high population growth rate. 

Although there were some positive developments in the human 
rights scene in Burundi in 1986, the overall picture was 
clouded by the Government's intensified crackdown on freedom 
of religion. The Government seized six Catholic seminaries 
and all the property attached to them, suspended the 
church-run literacy classes, and closed the church in one 
Catholic parish. In addition, there were new arrests of 
priests and catechists accused of criticizing the Government, 
and missionary expulsions intensified. The Government 
released 47 Seventh-Day Adventists who had been imprisoned for 
refusing to perform community work on Saturday mornings. 
However, later in the year, two other Adventists were arrested 
for the same reason. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no allegations of killings for political motives or 
reports of summary executions. 

b. Disappearance 

No disappearances caused by the Government or by other groups 
were reported. Prison authorities reportedly could not 
account for all persons who had been detained, but whether 



33 



BURUNDI 

those unaccounted for died in prison, escaped, or were 
released remains to be determined. 

c. Torture and Cruel, Inhuman or Degrading Treatment or 
Punishment 

Torture is forbidden by law, but cruel treatment of suspects 
or detainees has occurred in the form of beatings at the time 
of arrest or interrogation. The Government admits that 
isolated instances of abuse of prisoners by prison guards or 
officials do occur but insists that those responsible for such 
abuses are punished when discovered. In fact, two ranking law 
enforcement officials were sentenced to 6-year prison terms in 
1986 for torturing a man to death during his interrogation. 

Prison conditions are severe due to overcrowding and lack of 
adequate hygiene, medical care, and food. Prisoners are 
segregated according to the nature of their crimes, are 
allowed regular family visits, and participate in 
rehabilitative work programs, including agricultural 
production. Due to inadequate prison budgets, food rations 
are very limited, and there have been several reports of 
deaths in prison from starvation. Families are encouraged and 
expected to provide supplemental food and other personal items 
to their imprisoned relatives. The Government admits that 
this is a serious problem in the prisons and it is trying to 
improve conditions. 

d. Arbitrary Arrest, Detention, or Exile 

In theory, police officers are empowered to detain suspects 
without an arrest warrant but must submit a written report to 
the public prosecutor's office within 24 hours. The public 
prosecutor exam.ines the report and can either order the 
release of the detainee or issue an arrest warrant valid for 
5 days. The public prosecutor must then state the charges 
before a magistrate in the presence of the detainee. The 
magistrate either releases the detainee or issues orders 
confirming the detention, initially for 15 days and 
subsequently for 30-day periods as necessary to prepare the 
case for trial. Bail is set only in cases of embezzlement or 
similar crimes involving financial wrongdoing. 

However, the prescribed procedures for arrest and imprisonment 
are not always followed. The elapsed time between an arrest 
and the notification of the public prosecutor often extends to 
several days, and detainees do not always appear before a 
magistrate within the allotted 5 days from arrest. In most 
cases, a judicial review of the arrest usually takes place. 
Relatives or consular representatives are almost always made 
aware of arrests or detentions, generally at the time of 
incarceration, and detainees are usually permitted to go to 
their homes prior to being brought to the place of detention. 

The Government does not exile its nationals. Citizens of 
other countries suspected of criminal activity or lacking 
proper residency documents are expelled. 

Forced or compulsory labor is not permitted under current law, 
but most citizens are expected to perform community service on 
Saturdays . 



34 

BURUNDI 

e. Denial of Fair Public Trial 

The judiciary's independence is limited by the requirement to 
adhere to the guidance and recommendations of the party, the 
Government, and the President. Judges are appointed by and 
serve at the pleasure of the President. Nevertheless, there 
is a high degree of autonomy in the court's daily 
administration of justice, and a number of procedural 
safeguards are generally observed. Though court decisions 
cannot be overturned by the executive branch, the President 
has the power to pardon or reduce sentences . 

Burundi has separate court systems to deal with military, 
civil/criminal, and state security cases. Military tribunals 
have jurisdiction only over military personnel. The State 
Security Court has jurisdiction over both civilian and 
military personnel, and its proceedings need not be made 
public. As of the end of 1986, this court had not been used. 
Burundi law provides the right to counsel, and indigents are 
provided defense counsel by the State. Pretrial proceedings 
may involve lengthy investigations. The public prosecutor's 
office generally dismisses cases where the evidence in support 
of the charges is weak and only proceeds to trial when it 
believes guilt has been established. 

During the past 6 years, the Government has taken steps to 
improve the judicial system, and the 1984 Party Congress 
recommended additional judicial reforms. New courts have been 
created, the number of magistrates has tripled, and training 
seminars and conferences have been held. Simultaneously, 
however, prison populations have doubled or tripled, and the 
courts are hampered by a lack of trained legal personnel and 
by heavy case loads. It is estimated that as many as half of 
those currently incarcerated have not been tried and 
sentenced. In the case of the 47 Adventists arrested for 
refusing to perform community work on Saturday mornings, none 
ever appeared before a magistrate. 

At the end of 1986, there were at least five political 
prisoners and a number of political detainees in Burundi. In 
late 1985, two priests and three lay people were tried for 
insulting the Chief of State in a tract criticizing the 
Government's attitude toward religion; they were found guilty 
and are serving sentences of up to 5 years in prison. Amnesty 
International's claim of up to 50 political prisoners in 
Burundi includes the 47 Adventists, who have since been 
released. However, since October 1986, a priest who 
criticized the Government and two Adventists who refused to 
perform Saturday work have been imprisoned without trial. 
Another priest who criticized the Government was arrested in 
late December. There are also former ministers, from 
President Micombero's regime, in prison for criticizing the 
Government's religious policy. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The inviolability of private correspondence and of the home 
are guaranteed in the Constitution and respected in practice. 
A judicial warrant is required for a law enforcement official 
to enter and search a private residence. 

Membership in the major political party and its affiliated 
organizations is open to all but is not required. The State 



35 



BURUNDI 

Security Office monitors political dissent through the State 
Security Police and by employing paid informers who report on 
discontent and dissension as well as on criminal activity. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Freedom of speech is limited. Defamation of the Chief of 
State is a crime, and criticism of the party and government 
policies or leadership is only permitted within government 
institutions, such as the National Assembly and the UPRONA. 
Academic freedom is also limited. At the primary and 
secondary school level, teachers are expected to support 
government policies. At the university, professors come from 
several different countries and are permitted to lecture 
freely in their subject areas, conduct research, and draw 
independent conclusions. Censorship occurs only in the case 
of sexually explicit foreign film material or publications. 

The Government controls all domestic print and broadcast 
media. The French language daily and Kirundi language weekly 
are published by the Ministry of Information, which also 
operates the domestic radio and television stations. The 
media are required to support the fundamental policies of the 
party and the Government. Some criticism of the Government is 
permitted in the printed press, but journalists are state 
employees and are subject to disciplinary action if their 
criticism goes beyond what is considered tolerable. The 
Government rarely interferes with the distribution of foreign 
news publications and never interferes with radio reception 
from foreign sources. 

b. Freedom of Peaceful Assembly and Association 

The express authorization of the Government is required for 
all political meetings. This effectively guarantees 
government control of all public forums and limits association 
for political purposes to participation in the party or its 
affiliated youth, labor, or women's movements. 

The party controls the trade union confederation, the National 
Labor Union or UTB, and has enforced this single trade union 
structure by means of legislation. The principal role of the 
UTB, to which virtually the entire salaried work force 
belongs, is to serve as an intermediary between workers and 
employers in labor matters. The UTB arbitrates individual and 
collective labor disputes and often forces employers to revise 
their practices. However, unauthorized advocacy of a strike 
or lockout is a criminal offense. Therefore, though they are 
technically permissible, there have been no strikes in recent 
years. The UTB participates in the International Labor 
Organization and is a member of the Organization of African 
Trade Union Unity. In 1986 the UTB held an extraordinary 
meeting to adopt its statutes, and the proceedings were 
relatively democratic. 

The Government permits nonpolitical private associations, but 
requires that they be registered and accorded legal 
recognition before they may function. 

c. Freedom of Religion 

Religious freedom exists within strictly defined limits, as 
the Government considers religious organizations subject to 



36 



BURUNDI 

the same sorts of rules and restrictions which apply to 
secular organizations. All religious associations must 
receive approval from the Government to operate in Burundi and 
are expected not to engage in political activity critical of 
the regime in power. The authorities must be informed in 
advance of religious gatherings, which are limited to 
recognized places of worship, and religious services are 
authorized only after 5 p.m. Mondays through Fridays, after 
midday on Saturday, and all day on Sundays. The Jehovah's 
Witnesses sect is banned by the Government because its 
doctrine allegedly challenges certain precepts of civil 
authority. Consequently, members of the sect cannot openly 
carry out activities within the faith nor can they 
proselytize. There are no reports of persons being imprisoned 
for merely adhering to the sect's beliefs. The Seventh-Day 
Adventists' refusal to perform work of any kind on Saturday, 
their Sabbath, led to the closing of their churches and 
schools as well as the loss of their legal status in 1985. 
Between December 1985 and May 1986, 47 Adventists were 
arrested for their failure to respect the Government 
requirement that Burundi citizens perform community service on 
Saturday mornings, and a number of women and children were 
detained for 3 days for participating in an unauthorized 
religious gathering. The 47 were released in June, but in 
October, 2 others were arrested for the same reason. Between 
8 and 10 other Christians were also arrested during 1986. 
They were generally held for refusing to respect government 
restrictions and were released after a few days or weeks; 
these included religious leaders and laymen. Two Catholic 
priests, arrested for criticizing the Government, remain in 
jail . 

Over 140 missionaries were expelled in 1985. After an initial 
cutback, the expulsions resumed in 1986, resulting in the 
departure of around 70 more missionaries. Believing that they 
could no longer provide adequate services, an equal number 
left voluntarily, so that by year's end fewer than 200 foreign 
missionaries remained in the country. Church schools and most 
seminaries were placed under state control in 1986, and 
clerics were generally relieved from teaching positions. In 
addition, church-run rural literacy classes were suspended, 
depriving approximately 300,000 Burundi children and adults of 
one of the few means of bettering themselves. Informed 
observers believe that the Government is actively reducing the 
influence of the Catholic Church in Burundi because of its 
desire to establish clearly its civil authority as preeminent 
over other sources of influence. Church access to the media 
is curtailed by the longstanding suspension of a Catholic 
newspaper and of religious broadcasts. 

There are no barriers to the maintenance of links with 
coreligionists in other countries. Religious beliefs do not 
exclude people from participation in the party or from 
receiving social benefits. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Movement is generally free within Burundi, although government 
policies discourage urban migration. Foreign travel and 
emigration are relatively free. However, prospective Burundi 
travelers must have exit visas as well as passports. 
Occasionally, the Government withholds these documents without 
explanation but apparently for political motives. Foreigners 



37 



BURUNDI 

wishing to leave Burundi have also occasionally been denied 
exit visas until they prove they have no outstanding debts. 
Long-time foreign residents of all nationalities wishing to 
stay in Burundi, including some missionaries, are experiencing 
increasing difficulty in renewing their residence permits. 

The Government cooperates closely with the office of the 
United Nations High Commissioner for Refugees (UNHCR) . 
Burundi claims to shelter 262,000 refugees, but most are 
long-time residents who are now well assimilated and therefore 
might be described more accurately as displaced persons. The 
UNHCR estimates that there are approximately 70,000 refugees, 
primarily Tutsis of Rwandan origin who fled to Burundi in the 
1960 's. Many are well integrated in Burundi, although they 
may acquire citizenship only through marriage to a Burundi 
citizen. Refugees who fled from Burundi in the early 1970 's 
and before continue to return and have full rights as 
citizens. The Government periodically repatriates Rwandan 
nationals who lack residence permits or who have been arrested 
on suspicion of criminal activities. 

Amnesty International has expressed concern about the 
situations of refugees and asylum seekers from Zaire. About 
1,800 Zairians, allegedly without proper papers, were expelled 
to either Tanzania or Zaire in September 1986. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Burundi citizens do not have the right to change their 
government. Political participation can take place only 
within the one-party structure, and voters can express 
dissatisfaction only by voting against incumbents. The 
President of the party is the sole candidate for President of 
the Republic. Power rests with the President and with the 
party's central committee. The party is open to all Burundi 
supporting its principles and claims a membership of 
approximately 1.4 million, about three-quarters of the adult 
population. The party regularly holds local and regional 
meetings, where party members discuss issues and make 
recommendations. While there are multiple candidates for 
party positions, balloting is not secret. 

Although the military retains influential presence in all the 
party organs and in the Government, its role in actual 
administration has declined markedly since 1979. Apart from 
the President, who holds the defense portfolio, only three 
military officers are currently cabinet members, and military 
officers hold 15 of the 69 central committee seats. The 
Constitution provides for a National Assembly, which was 
seated in 1982 with a 5-year mandate. The Assembly is 
comprised of 65 representatives, of whom 52 are elected by 
secret ballot under universal adult suffrage, and the 
remainder are appointed. All candidates were drawn from a 
list preselected by provincial electoral colleges composed of 
party and government officials. Two candidates were permitted 
for each elective seat. The balloting was evidently free, as 
several high party and government officials failed to win 
seats. The Assembly is not intended to be a separate and 
independent power but is expected to cooperate with and 
complement the executive and other institutions. Over the 
last 4 years, the National Assembly has actively debated 
government policy, occasionally expressing pointed criticism. 



38 



BURUNDI 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

Burundi is a party to several United Nations instruments on 
human rights, and its Constitution provides for the protection 
of such rights. There were no reports during 1986 of requests 
for outside investigations of alleged human rights violations. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

The minority Tutsi have for centuries dominated the majority 
Hutu. Civil strife in 1972, which culminated in government 
sanctioned massacres, resulted in the deaths of around 150,000 
Hutu and caused another 200,000 to flee to neighboring Rwanda 
and Tanzania. Since the advent of the Bagaza Government in 
1976, the level of ethnic tension has markedly declined. 
Thousands of Hutu refugees have returned to Burundi. While 
the Government is far from representative of the Burundi 
population as a whole (85 percent Hutu, 14 percent Tutsi, and 
1 percent other), Bagaza has appointed Hutus to all levels of 
government, including 5 to his 19-member Cabinet, and there 
are about 18 Hutu representatives in the 65-member National 
Assembly. 

Intermarriage has also contributed to a blurring of ethnic 
distinctions. The low level of economic development in rural 
areas affects both Tutsi and Hutu, making the difference in 
economic status between the two groups scarcely discernible in 
the countryside. However, because of their longstanding 
dominance of the Government and access to education, the Tutsi 
predominate in the modern economic sector. The military 
remains under Tutsi control. Maintenance of Tutsi domination 
is a chief objective of the regime. Nevertheless, there is no 
evidence that Hutus are denied equal protection under the law. 

Women in society hold a secondary position, although their 
status is undergoing considerable change from traditional 
patterns. The Constitution provides for legal equality. The 
legal code prohibits polygamy and the requirement of a dowry 
and allows women some control over family matters. Women 
still cannot inherit land and cannot take a salaried job if 
forbidden to work by their husbands. Although fewer women 
than men attain a formal education, once a degree is attained 
women can generally find suitable employment. The Government 
does not discriminate against women in hiring. Women are 
represented at all levels in the political life of the 
country. However, their main vehicle of political expression 
is the Burundi Women's Union which is affiliated with the 
party. The party remains dominated by males. 

CONDITIONS OF LABOR 

Worker rights are guaranteed by the Burundi Labor Code and by 
the National Collective Interprofessional Labor Convention. 
Working hours vary between 40 and 45 hours per week; Saturday 
afternoons, Sundays, and holidays are times of rest. Children 
under the age of 12 may not be employed in any capacity, nor 
may children under the age of 16 be engaged in dangerous or 
strenuous work, but as a practical matter, many children are 
obliged by custom and circumstance to help their families in 
subsistence agriculture. Minimum health and safety standards 
are monitored and enforced in the modern economic sector by 
the Ministry of Labor. Burundi has a minimum wage of 
approximately $1.12 per day. 



39 



U.S. OVERSEAS 



■LOANS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: BURUNDI 



1984 



1985 



1986 



I. SCON. 
LO 
GR 
A. AID 
LO 
GR 
(SEC 
3. FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
E.RcL 
VOL.R 
COT HE 
LO 
GR 



ASSIST, 
ANS. . . . . 
ANTS.. .. 



■TOTAL., 



ANS 

ANTS , 

.SUPP. ASSIST.) .. . 

FOR PEACE 

ANS 

ANTS 

I-TOTAL 

. INI $-LOANS . . . . , 

IN FOR. CURR 

II-TOTAL 

lEF.EC.OEV J WFP, 

ELIEF AGENCY 

R SCON. ASSIST... 

ANS 

ANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



7. 
0. 

3. 

0. 

3. 

0, 

3, 

0. 

3. 

0, 

0. 

0, 

3, 

1, 

1, 

0. 

0.0 

0.6 

0.6 

0.0 

0.0 



6.9 
0.0 
6.9 
4.3 
0.0 
4.3 
0.0 
1.9 
0.0 
1.9 
0.0 
0.0 



0.0 
0.7 
0.7 
0.0 
0.0 



3.6 
0.0 
3.6 
3.1 
0.0 
3.1 
0.0 
0.0 



0.0 
0.0 
0.0 
0.5 
0.0 
0.5 
0.5 
0.0 
0.0 



II.MIL. ASSIST. -TOTAL, 

LOANS , 

GRANTS 

4. MAP GRANTS 

3. CREDIT FINANCING., 
C.INTL MIL.EO.TRNG., 
D.TRAN-E<CESS STOCK, 
£. OTHER GRANTS 



0.0 

0.0 



0.1 
0.0 
0.1 
0.0 
0.0 
0.1 
0.0 
0.0 



0.1 
0.0 
0.1 

0.0 
0.0 

0.1 
0.0 
0.0 



III. TOTAL ECON. i MIL, 

LOANS 

GRANTS , 



7.8 

0.0 
7.8 



7.0 
0.0 
7.0 



3.7 
0.0 
3.7 



OTHER US LOANS..., 
EX-IM SANK LOANS, 
ALL OTHER 



0.0 

0.0 
0.0 



0.0 

0.0 
0.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1984 1985 1986 



1946-86 



TOTAL 


20.4 


63.1 


37.3 


483.9 


I3RD 


0.0 


0.0 


0.0 


4.8 


if: 


0.0 


O.G 


0.0 


5.6 


104 


5.1 


30.4 


37.3 


247.3 


IDS 


0.0 


0.0 


0.0 


0.0 


A09 


0.0 


0.0 


0.0 


0.0 


AFD3 


13.0 


31.7 


0.0 


108.2 


UNDP 


2.3 


1.0 


, 0.0 


48.4 


OTHER-UN 


0.0 


0.0 


0.0 


9.3 


EEC 


0.0 


0.0 


0.0 


60.3 



40 



CAMEROON 



Political power in Cameroon is heavily concentrated in the 
presidency. The President appoints all government and party 
officials and makes all major decisions, although key 
parliamentarians in the National Assembly and others have some 
behind-the-scenes influence. Cameroon had an active multiparty 
system at the time of its independence, but under former 
President Ahidjo, all parties were gradually consolidated into 
the Cameroon National Union, renamed in 1985 under President 
Paul Biya the Cameroon People's Democratic Movement (CPDM) . 
President Biya has moved toward greater democratization of the 
party structure, notably in 1986 by permitting multiple 
candidates for many party offices. 

Internal security responsibilities are shared by the National 
Police (Surete National), the National Intelligence Service 
(Centre de Documentation Nationale, CND), the Ministry of 
Territorial Administration, Military Intelligence, and, to a 
lesser extent, the Presidential Security Service. The Ministry 
of Territorial Administration is in charge of prisons, and the 
National Police has the dominant role in enforcing internal 
security laws. The CND and the military are still involved in 
both those functions but to a lesser degree. 

Cameroon's economy continues to grow, and its per capita income 
($840 in 1985) ranks Cameroon among the middle income 
developing countries, though it remains plagued by many 
problems of underdevelopment. Even though revenues from oil 
are down (due to the fall in world prices), the market-oriented 
economy remains strong because of its diversified agricultural 
base and the Government's economic policy management. 

During the 22 years of of President Ahidjo 's rule, Cameroon's 
diversity and the armed violence in some parts of the country 
were used to justify authoritarian control and harsh 
restrictions on civil liberties. In contrast, under Biya the 
hum.an rights environment has improved and in 1986 reflected not 
only some liberalization within the CPDM, but also increasing 
freedom of expression, especially in the private press. 
However, this latter progress was countered by occasional 
incidents of arbitrary censorship and harassment. Several 
Anglophone print and radio journalists were arrested and 
detained for 4 months. In August the Government released from 
detention at least 15 activists from an outlawed political 
party. By most estimates, 10 to 20 political detainees remain 
in custody. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of political killing. 

b. Disappearance 

There were no reports of disappearance. 

c. Torture and Cruel, Inhuman or Degrading Treatment or 
Punishment 

Torture is proscribed by the criminal code, which renders 
evidence obtained by torture inadmissible. In addition, the 



41 



CAMEROON 

penal code prohibits public servants from using force against 
any person. However, very poor prison conditions, including 
overcrowding, inadequate food and sanitation, and limited 
medical facilities remain problems. Prisoners have reportedly 
suffered from severe malnutrition unless provided food by 
friends or families. In 1986 the Government recognized these 
problems and focused attention on the need for prison reform. 
The Secretary of State for Territorial Administration visited 
prisons in most of the provinces and his suggestions for reform 
received wide press coverage. 

There were reports that two members of the outlawed political 
party. Union des Populations du Cameroun (UPC), arrested in 
December 1985, were tortured during their detention. Persons 
under "administrative detention" (i.e. political detainees) are 
kept in special camps or prisons. Access to the administrative 
detention centers by families and friends is reported to be 
severely restricted. 

d. Arbitrary Arrest, Detention, or Exile 

Under Cameroonian law, a person arrested on suspicion of 
committing an offense may not be held for more than 48 hours 
without a court order. This provision is generally observed in 
nonpolitical cases. However, after an investigating magistrate 
has determined that the case should be brought to trial and has 
issued a warrant to that effect, there is no limitation on how 
long the detainee may be held in "preventive detention" pending 
trial. Accused persons awaiting trial constitute the majority 
of persons in the prisons at Yaounde and Douala. Release on 
bail is infrequent. 

Persons may be held in administrative detention under 
legislation pertaining to subversion. Such detention by 
regional authorities is initially for 1 month, renewable twice, 
and may be extended up to an additional 6 months by the 
Minister of Territorial Administration. Generally, those 
arrested and placed in administrative detention do not 
disappear — their families are told where they are and they are 
eventually released, although the detention may be lengthy. 
Political detainees, 10 to 20 of whom are currently estimated 
to be in custody, are usually held under this type of 
detention. Under the state of emergency which exists in 
portions of three provinces, authorities may also order 
detention for up to I week for persons judged "dangerous to 
public security." The Minister of Territorial Administration 
may also order detention of such persons for up to 2 months; 
the order is renewable without limitation. The state of 
emergency provisions were used rarely, if at all, in 1986. 

Fon Gorji Dinka, a radical Anglophone spokesman detained in 
June 1985, was released without trial in January 1986. 
Fourteen members and activists of the UPC, who were arrested in 
December 1985, were released in August. Their release was 
given wide publicity as an example of the increasing 
liberalization of the political system under President Biya. 
An unknown number of UPC members remain in self-imposed exile. 

Another outlawed dissident party, the Cameroon Democratic Party 
(CDP), has had members in self-imposed exile since the party 
lost its bid to be legalized in 1984. President Biya in 1985 
issued a call for all Cameroonians to return to Cameroon 
without fear. 



42 



CAMEROON 

Local police sometimes harass citizens and threaten to detain 
them unless bribes are paid. These actions are not condoned by 
high government officials and have been sharply criticized by 
the President. In mid-1986 the national campaign to eradicate 
corruption specifically cited the police as needing reform. In 
August the Secretary of State for Internal Security stressed to 
new graduates of the police academy that discipline and moral 
vigor were necessary for an effective police force. 

There are no reports of forced labor being practiced in 
Cameroon. 

e. Denial of Fair Public Trial 

Trial by a presiding magistrate is guaranteed by law, and this 
practice is followed with the exception of persons held under 
administrative detention. Public trials are also guaranteed by 
law, although exceptions are allowed for the public good or 
national security reasons. Trials which involve prominent 
persons or which are controversial are sometimes held in 
private. Magistrates in Cameroon are drawn from a corps of 
career civil servants and are required to have law degrees. 
Their decisions are generally not subject to government 
interference, and they are usually considered to conduct fair 
trials. Defendants in felony cases are provided attorneys if 
they cannot afford to engage their own. 

Crimes involving subversion or illegal use of weapons, as well 
as crimes involving the military, are tried by military 
tribunal. Each tribunal has three members, and its presiding 
officer must be a magistrate. In some cases, the magistrate is 
a civilian, but often it is a military officer. As in civil 
cases, defendants are entitled to either public or private 
counsel . 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Both invasions of the home and tampering with correspondence 
are violations of Cameroonian law. There are reports that 
police do enter homes without warrants during periodic searches 
for criminals in low income neighborhoods. Surveillance of 
suspected political dissidents, including monitoring of mail 
and of telephone conversations, is also common. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The Constitution of 1972 guarantees the freedom of expression 
and press, but under Cameroonian law and practice these 
freedoms are restricted. No written ground rules exist, and 
the private press must submit each issue to see what is deemed 
acceptable and what is not. There is no evidence that anyone 
is punished for privately criticizing the Government, and 
freedom of political discussion exists to a degree that was 
unknown during the Ahidjo era. During 1986 controls on the 
private press continued to loosen, but they remain extensive 
and subject to government interpretation. The private press 
has flourished with close to 20 newspapers publishing on a 
regular schedule. Several new papers have increased the depth 
of their reporting and criticism of Government programs but 
still have difficulties with censorship. One issue of Le 
Messager, one of the most respected of the private newspapers, 
was not distributed after the censor asked for the removal of 



43 



CAMEROON 

8 pages of the 16-page issue. In February 1986, two Cameroon 
Times journalists were arrested at the Cameroon/Nigeria border 
on charges of carrying subversive materials and currency 
violations. An anniversary edition of the Times, which they 
were taking to Nigeria to be printed, reportedly contained an 
article commenting on Anglophone protests. The two were 
released without charge or trial in March. 

There has also been increased editorial comment in the 
government-controlled press and radio, although the Government 
affords official journalists much less latitude than it does 
their private counterparts. Most official journalists are 
civil servants and can be transferred to less desirable jobs if 
they do not censor their own reporting. After making 
derogatory remarks about some parliamentarians on the air, 
three Anglophone radio journalists were detained without charge 
in June and released 4 months later without trial. One of the 
journalists was subsequently charged with "contempt of civil 
authorities," a criminal offense. 

Cameroonian television has been on the air since December 1985, 
and though the television journalists seem to have more leeway 
to tackle sensitive social issues, they, like their print and 
radio counterparts, practice self-censorship on controversial 
political issues. 

Occasionally, issues of international publications are seized 
because they contain articles about Cameroon which the 
Government considers inflammatory or defamatory. 

b. Freedom, of Peaceful Assembly and Association 

The freedoms of assembly and association, while guaranteed in 
the Constitution, are restricted in practice and in law. The 
Cameroonian penal code prohibits public meetings, 
demonstrations, or processions without prior government 
approval, and organizations must register with the Government. 

The sole labor union, the Organization of Cameroonian Workers 
Union (OCWU) , operates within the framework of the official 
party, and top union leadership is chosen by the Government. 
However, in October 1986, the OCWU voted to adhere to the 
principles of democratization espoused by the party, and local 
and divisional union leaders will now be chosen by open 
election. The union does not play a major role in Cameroonian 
politics, although it has a membership of approximately 450,000 
workers in a working population of more than 3 million. It 
pursues individual worker grievances and seeks improvements in 
government programs for worker safety and training. 

The union participates in government-regulated labor 
negotiations, but strikes are illegal. Political activity by 
the trade union, excepting action designed to protect economic 
and other interests, is prohibited. Contact with foreign trade 
union organizations requires government authorization. 
Cameroon is a member of the International Labor Organization 
(ILO) , and rank and file union members comprise the labor 
component of the Cameroonian delegation to its meetings. The 
union is also a member of the Organization of African Trade 
Union Unity. 

c. Freedom of Religion 

Freedom of religion is guaranteed in the Constitution and is 
generally respected. Roughly 20 percent of Cameroonians are 



44 



CAMEROON 

Muslim, 30 percent Christian, and the rest animist. Officials 
of the Government and party are drawn from members of all 
denominations. Missionaries played a major role in the 
development of Cameroon and continue to be active. However, 
the Jehovah's Witnesses, who do not acknowledge the supremacy 
of the state, were banned in 1970 and have periodically been 
targets of harassment since then. Observance of traditional 
religions is not discouraged by the Government, although acts 
of witchcraft, magic, or divination "liable to disrupt public 
order or tranquility, or to harm persons or property" are 
outlawed with penalties of up to 10 years imprisonment. 

Independent Muslim and Christian publications exist in 
Cameroon, and there is no evidence that they are censored more 
heavily than the secular press. The exception, again, is the 
Jehovah's Witnesses, who are not allowed to publish or 
distribute their religious materials. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Freedom of movement within the country is not restricted by 
law. In practice, however, police frequently stop travelers to 
check identification documents. During 1986 this practice 
lessened and a number of "controls" on heavily traveled roads 
were discontinued. Exit visas are required to leave the 
country and sometimes are obtainable only after long 
bureaucratic delays. In some cases, these delays may represent 
attempts by the Government to discourage or even prevent 
departure. The Government has also been known to refuse 
issuance of a passport, or to confiscate an already issued 
passport, in order to prevent someone from traveling abroad. 
Cameroonians who leave the country must deposit sums sufficient 
to buy a return air ticket for repatriation should they become 
stranded abroad. There are no restrictions on voluntary 
repatriation. Women must obtain the permission of their 
husbands or fathers to leave the country. 

Over the years, Cameroon has served as a safehaven for 
thousands of externally displaced persons and refugees. The 
Government currently acknowledges the presence of approximately 
45,000 Chadians in Cameroon, some 9,000 of whom are registered 
as political refugees through the United Nations High 
Commissioner for Refugees (UNHCR) and are living at the UNHCR 
camp at Poll. The rest of the Chadians have integrated into 
the Cameroonian economy and do not receive government or 
international assistance. Cameroon is also host to refugees 
from South Africa, Zaire, Angola, and other African nations, 
and there are roughly 100 Namibians in Cameroon as students. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Cameroon continues to be a one-party state with political power 
and administrative responsibility concentrated in the 
presidency. Following the resignation of former President 
Ahidjo on November 4, 1982, his constitutional successor. Prime 
Minister Paul Biya, took office as President. In September 
1983, Biya was elected President of the party, following 
Ahidjo' s resignation. President Biya subsequently withstood a 
coup attempt from forces allegedly close to Ahidjo. While the 
Constitution implies the legality of other political parties, 
in fact, only one party, the CPDM, is permitted. On June 26, 
1986, the Cameroon Supreme Court ruled against the latest 
attempt by Dr. Joseph Sende to gain legal recognition for the 



45 



CAMEROON 

UPC. This was the second time under the Biya Government that 
the Supreme Court heard but rejected Sende ' s case. Once again, 
the refusal was on technical grounds. Although the election 
law theoretically permits multiple candidates for the 
presidency. President Biya ran unopposed in the January 1984 
elections and received 99.98 percent of the votes. The 
President appoints all governors, prefects, and cabinet 
ministers . 

Cameroon's political system is a product of the country's 
ethnic and linguistic diversity, which includes some 230 
languages and three separate European heritages (French, 
British and German). Both French and English are official 
languages, although some Anglophones allege political 
discrimination by the majority Francophones. A careful 
balancing act, within the one party, is required to maintain 
political cohesion. Membership in the CPDM is open to all 
religious and ethnic groups. While the Party remains 
essentially a centrally controlled organization, open elections 
with multiple candidates for local and more senior offices were 
held for the first time in 1986. The CPDM Congress in March 
1985 formally adopted a program of democratization within the 
party, and this first experiment with elections met with 
widespread popular approval. The National Assembly will hold 
elections in 1988, and President Biya has promised that they 
too will be open for the first time. 

Externally based dissident groups, including the Union des 
Populations du Cameroun (Francophone) and the Cameroon 
Democratic Party (Anglophone), periodically send letters or 
pamphlets into the country. The Government attempts to seize 
these documents when they arrive. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Cameroon Constitution affirms support for the freedoms 
guaranteed in the Universal Declaration of Human Rights and the 
United Nations Charter. Under President Biya, the Government 
has given increased attention to human rights issues, both 
internally as a part of President Biya's program of 
"democratization" and in public statements in forums such as 
the United Nations. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Access to the Government's social programs is open to all 
Cameroonian citizens on a nondiscriminatory basis. Female 
students are noticeably underrepresented in rural secondary 
schools and school attendance rates are one third the national 
average in the Muslim north, where only 22 percent of the 
children attend school. Girls are underprivileged, both in 
access to higher education and in terms of professional 
opportunities. Girls from the southern part of the country, 
although disadvantaged at the level of secondary entrance when 
compared with boys from the same areas, have a considerable 
educational lead over both girls and boys from the eastern and 
northern provinces. 

Women enjoy equal rights under the Constitution and are 
politically active in the party and the sole labor union. The 
women's wing of the party has developed programs aimed at 
encouraging the economic and social productivity of Cameroonian 



46 



CAMEROON 

women. Women are represented in the modern sector, although 
not proportionately in the upper levels of administration and 
in the professions. There are currently five women in 
President Biya's Cabinet, but no women governors or prefects. 
As a result of the 1983 legislative elections, the percentage 
of women in the National Assembly increased from 10 to 14 
percent . 

CONDITIONS OF LABOR 

The Cameroonian national labor code sets the minimum working 
age at 14, the minimum annual paid vacation at 18 days, and the 
legal workweek at 40 hours for nonagricultural employees and up 
to 48 hours per week for agricultural workers. Minimum monthly 
wages are set by the Government for all types of jobs in both 
the public and private sectors. Wage rates are based on 
geographic zones, types of industry, and qualifications of 
workers and length of service. The lowest pay levels are not 
sufficient to support a family but, in most cases, such wages 
are supplemented by a second job or another family member's 
earnings. Workers with middle-range wages are also likely to 
need second incomes to support a family, especially in Yaounde 
and Douala. Because of Cameroon's healthy economy, 
opportunities do exist for workers to supplement their wage 
levels with second jobs. Occupational health and safety is 
mandated by law, based on ILO standards. In theory, these 
standards are enforced by Ministry of Labor inspectors, but 
they lack the means for effective enforcement. 



47 



U.S.OVERSEftS 



•LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: CAMEROON 



1934 



1985 



1936 



I.5C0N. ASSIST. -TOTAL 

LOANS 

GRANTS 

A. AID 

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.) ... 

B.FOOD FOR PEACE 

LOANS 

GRANTS 

TITLE I-TOTAL 

REPAT. I>J S-LOANS 

PAY. IN FOR. CURR 

TITLE II-TCTAL 

H. RELIEF. EC.OEV 5 WFP. 

VOL. RELIEF flSENCY..... 

C. OTHER e:0N. ASSIST... 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 

II.MIL. ASSIST.-TOTAL... 

LOANS 

GRANTS 

a. MAP GRANTS 

3. CREDIT FINANCING.... 
C.INTL MIL. ED.TRNG. .. . 
D.TRAN- EXCESS STOCK... 
E. OTHER GRANTS 



III. TOTAL ECON. 5 MIL. 

LOANS 

GRANTS , 



25.3 


3D. 2 


28.1 


11.3 


6.6 


8.5 


U.O 


23.6 


19.6 


22.5 


23.3 


24.7 


11.3 


6.6 


8.5 


11 .2 


17.2 


16.2 


0.0 


0.0 


0.0 


0.4 


3.8 


0.0 


0.0 


0.0 


0.0 


0.4 


3.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


O.D 


0.0 


0.0 


0.4 


3.8 


0.0 


0.4 


3.8 


0.0 


0.3 


0.0 


0.0 


2.4 


2.6 


3.4 


0.0 


0.0 


0.0 


2.4 


2.6 


3.4 


2.'» 


2.6 


3.4 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


5.1 


5.1 


0.2 


5.0 


5.0 


0.0 


0.1 


0.1 


0.2 


0.0 


0.0 


0.0 


5.0 


5.0 


0.0 


0.1 


0.1 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


30.4 


35.3 


28.3 


16.3 


11.6 


3.5 


14.1 


23.7 


19.8 



OTHER US LOANS. .. , 
EX-IM 3AN< LOANS, 
ALL OTHER , 



0.0 

0.0 
0.0 



0.0 
3.0 
0.0 



0.0 

0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1984 1935 1936 



1946-86 



TOTAL 


51.5 


206.3 


57.4 


1420.8 


I8?D 


21.5 


158.5 - 


30.1 


748.4 


IFC 


0.0 


2.2 


5.3 


23.2 


lOA 


0.0 


0.0 


0.0 


229.2 


103 


0.0 


0.0 


0.0 


0.0 


ADS 


0.0 


0.0 


0.0 


0.0 


AFD8 


0.8 


13.0 


0.0 


47.7 


UNDP 


4.2 


1 .6 


0.0 


53.1 


OHER-UN 


0.0 


2.7 


0.0 


10.1 


EEC 


25.0 


28.0 


22.0 


309.1 



48 



CAPE VERDE 



Led by President Aristides Pereira, Cape Verde is ruled by the 
African Party for the Independence of Cape Verde (PAICV), the 
country's sole political party. Most government Ministers are 
senior members of the party and participated in the 
revolutionary movement to free Cape Verde from Portuguese 
rule. Active party members currently number 6,000, or 4 
percent of the voting population. The Constitution adopted in 
1980 declares the supremacy of the party. Members of the 
Popular National Assembly are elected from a slate of 
candidates which is proposed to the electorate by the party. 

Security responsibilities, which had been divided among the 
military, the security, and the police forces, were given to a 
single government department in February 1986. The 
reorganized Ministry of Defense and Security operates under 
legal guidelines and leadership approved by the party. 

The Cape Verde archipelago (10 islands) is located some 380 
miles off the African mainland. The country's economic 
development has been steady despite an 18-year drought which 
has severely affected employment possibilities for the largely 
rural population. This progress can be largely attributed to 
generous foreign donor assistance, remittances from Cape 
Verdean emigrants, and efficient management by the 
Government. The Government is the largest nonagr icultural 
employer. It also controls banking, the import of basic 
commodities, airlines, the press, and schools. Private 
property rights are respected. There is a substantial and 
growing private sector which includes various types of shops, 
hotels, farms, fishing, small industries such as tuna canning, 
and the professions. 

Human rights were generally respected in Cape Verde during 
1986. There were no reports of political killings, 
disappearance, torture, or arbitrary arrest. Within the 
one-party system elections at the end of 1985 provided an 
opportunity for some expanded participation in the political 
process by all persons over 18 years of age. There is little 
sign of hostile opposition to the Government, and the 
longstanding Cape Verdean tradition of emigration provides an 
escape valve for discontent. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reported instances of politically motivated 
deaths . 

b. Disappearance 

There were no reported instances of officially inspired 
disappearances . 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

There were no reports alleging torture or cruel, inhuman or 
degrading treatment and unusual punishment of prisoners and 
detainees. However, conditions in prisons are poor and 
detention facilities are antiquated. 



49 



CAPE VERDE 

d. Arbitrary Arrest, Detention, or Exile 

Cape Verdean law requires that those arrested, unless caught 
in the act, be charged before a judge within 48 hours, and 
this law appears to be observed in practice. In exceptional 
cases, and then only with the concurrence of a procurator or 
judge, the formal charge process may be delayed up to 5 days. 
Cape Verdean law rec[uires counsel to be present for the 
accused, who then may be held in custody, released on bail, or 
released unconditionally. In cases of alleged crimes against 
state security, persons may be detained upon a judge's ruling 
for up to 5 months without trial. There is a functioning 
system of bail, and the right of access to a lawyer seems to 
be observed in practice. 

There were no instances of forced exile for political or other 
reasons. Forced labor is not practiced. 

e. Denial of Fair Public Trial 

There were no known political prisoners held in Cape Verde 
during 1986. 

In the regular court system, trials are conducted without jury 
by one judge; a public prosecutor presents the case against an 
accused, who is defended by counsel. Appeal is possible to 
Sub-Regional and Regional Tribunals and, ultimately, to the 
Supreme Tribunal. Trials appear to be handled expeditiously. 
The Autonomous Institute for Judiciary Support, to which all 
private lawyers belong, exists to provide counsel in cases of 
need. 

There is also a system of popular tribunals to ajudicate minor 
disputes on a neighborhood or local level in rural areas. 
The"judges" are usually prominent local citizens without legal 
training, who are appointees of the Ministry of Justice. 
Their decisions can be appealed within the regular court 
system. 

The judiciary does not have the authority to determine the 
constitutionality of legislation. Although, according to the 
Constitution, judges are independent, one former judge now 
living outside the country has claimed that one-party rule in 
practice has hampered the functioning of a truly independent 
judiciary. Most evidence suggests, however, that the courts 
protect individual rights in criminal cases. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The Constitution recognizes citizens' rights to the 
inviolability of domicile, correspondence, and other private 
means of communication. The law requires warrants issued by a 
judge before searches of homes may be conducted. There were 
no known cases of arbitrary interference with privacy, family, 
home, or correspondence. The Constitution also contains a 
provision stating that every citizen has the right and the 
duty to participate in the political, economic, and cultural 
life of the country. This provision theoretically could be 
used to force participation in activities against the 
individual's will. In practice, there is no evidence to 
suggest that this provision has been so used. 



50 



CAPE VERDE 
Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The Constitution proclaims freedom of speech and intellectual 
creativity, including the rights of authorship, but it also 
stipulates that none of these rights and freedoms may be 
exercised "contrary to national unity." Thus, a law adopted 
in 1985 assures citizens the right to express their thoughts 
in the press, but at the same time the party underlined that 
this right should be exercised responsibly. Given the 
circumstances, people are generally cautious in exercising 
their right of free speech. 

The weekly newspaper and the radio are government owned, and 
follow government policies. Occasional articles critical of 
some aspects of government policy are printed or broadcast, 
but this is probably done with prior authorization from the 
Government. Local radio broadcasts carry items from Western 
agencies as well as from Communist countries. International 
periodicals generally circulate freely in Cape Verde even when 
they contain articles critical of or unflattering to the 
Government, as is sometimes the case with Portuguese 
newspapers. International radio broadcasts are received 
clearly, without interference. Censorship of movies is 
practiced, although it is not kno'vn if the criteria are 
political or moral. The Catholic Church's newspaper, which 
occasionally carries moderate criticism of some aspects of 
life in Cape Verde, seems to be tolerated without interference. 

b. Freedom of Peaceful Assembly and Association 

The freedom to meet, to associate freely, and to demonstrate 
is guaranteed in the Constitution. As a practical matter, 
however, no organizations opposed to government actions or 
policies are permitted. Private associations other, than 
sports clubs or religious youth groups do not exist. The 
establishment of such associations would be subject to 
government authorization. Party-sponsored "mass 
organizations" of women and youth are prominent. 

Workers in several sectors are organized into unions which are 
members of the National Union Confederation (NUC) . The 
Confederation is affiliated with the PAICV and headed by a 
high-ranking member of the party. Perhaps one-third of the 
active work force are nominal union members. Although the NUC 
claims to be independent of the party, the two are closely 
linked. Individual unions bargain for their members, perform 
other traditional trade union functions, and also act as party 
affiliates. The right to strike is guaranteed but is rarely 
exercised, even though union leadership has taken positions on 
specific issues opposed to government policies in state 
enterprises. The NUC participates in the International Labor 
Organization and is affiliated with the Organization of 
African Trade Union Unity, but has not taken positions 
independent of those officially sanctioned by the Government. 
It maintains contact and receives assistance from both 
Communist and non-Communist national unions abroad. 

c. Freedom of Religion 

The Constitution requires separation of church and state. 
Freedom of worship is respected by the Government, and members 



51 



CAPE VERDE 

of all faiths practice their religion without harassment. At 
least two-thirds of the population, probably including most of 
the government leadership, are nominally Catholic, but the 
dominance of Catholicism does not appear to affect adversely 
other faiths. Evangelical Protestants and Seventh Day 
Adventists are the two other principal religious communities. 
At least two faiths, the Baha ' i and Christian Rationalism, 
which were formally banned or suppressed under the Portuguese, 
have been permitted to reestablish themselves since 
independence. There are no restrictions on religious 
practices, teaching, or contacts with coreligionists outside 
Cape Verde. A few foreign missionaries are active in Cape 
Verde. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

There are no extraordinary legal or administrative 
restrictions on either travel or residence within the 
country. All resident Cape Verdeans wishing to leave the 
country, either temporarily or permanently, must obtain exit 
permission from the Government. Such permission has not been 
denied for political reasons. Emigration has long been an 
important and a recognized escape valve from prevailing harsh 
economic conditions. The Government goes to considerable 
effort to maintain close contact with emigre communities and 
provides every opportunity for Cape Verdeans living abroad to 
maintain their ties with the homeland, including making 
provision for them to vote in elections and to own propery in 
Cape Verde. Repatriation is a constitutional right of the 
citizen, and the Government does not discourage intending 
repatriates . 

The law allows for revocation of citizenship on several 
grounds, including activities contrary to the interest of the 
country. However, there are no known cases of the Government 
instituting proceedings to deprive persons of citizenship for 
political reasons. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

The PAICV's monopoly of power in Cape Verde is inscribed in 
the Constitution. Opposition parties are illegal and, in 
fact, do not exist. The small group of men who actually led 
the struggle for independence occupy positions of leadership 
in both the party and the Government. The Secretary General 
of the party is President of the Republic; the Deputy 
Secretary General is Prime Minister; and the third-ranking 
party official is President of the National Assembly. Five 
others of the party's nine-member Political Commission are 
also Ministers; the ninth member manages the day-to-day 
activities of the party. 

In 1983 there were 5,860 party members, about 4 percent of the 
total population, which represented a doubling of party 
membership since independence in 1975. Within this elitist 
party, there exists a modest scope for meaningful political 
activity. The delegates to the Second Party Congress in 1983, 
and the leadership itself, were elected by secret ballot with 
some unexpected changes in the order of precedence of the 
various Ministers. The party leadership has also made an 
obvious effort to give women and individuals possessing less 
solid revolutionary credentials more prominent roles. 



52 



CAPE VERDE 

However, women, who constitute 14 percent of the total party 
membership, are under represented. The party membership is 
also young (47 percent under 30 years of age), 

disproportionately urban (50 percent in a nation which is more 
than two-thirds rural), and heavily representative of the 
bureaucracy (25 percent of party members are civil servants or 
employees of state enterprises). 

Formally, the National Assembly is the supreme organ of the 
Government. The Assembly sessions serve to ratify earlier 
party/governnient decisions, but issues are debated openly, 
with critical interventions reported in the media. Deputies 
who believe that the interests of their constituencies are 
being harmed by governinent policies or decisions feel free to 
criticize them, and in fact do so. In the AsseiT±)ly elections 
of December 1985, the party approved all candidates, but the 
list of candidates for each constituency contained from 1-1/2 
to 4 times as many nominees as the number of deputies to be 
elected from that constituency. There were three stages of 
local consultations, and the final candidates were selected by 
secret ballot. Several prominent nonparty candidates were 
elected to the Assembly as a result. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

In the past, the Government has permitted visits by private 
organizations to check on conditions of persons convicted for 
political or related offenses. There are no known instances 
in which the Government has been the subject of resolutions, 
investigations, or other human rights actions by international 
human rights organizations. A few Cape Verdean emigrants 
living abroad have alleged h'jman rights violations. These 
charges may have affected internal policies, given the 
Government's major effort to maintain close relations with the 
large communities of Cape Verdean emigrants around the world. 
There are no known official or nongovernmental human rights 
organizations in the country, although the Lawyers' 
Association for the Provision of Judicial Support performs 
some of the functions of such an organization. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Racial discrimination is not a problem in Cape Verde, where 
the vast majority of the total population of 300,000 shares 
various proportions of Portuguese-African ancestry. Sex 
discrimination exists, although it is banned by the 
Constitution. Many of the traditional, male-oriented values 
of the Portuguese and African ancestors of today's Cape 
Verdeans are still part of the country's culture. Women have 
been customarily excluded from certain types of work and are 
often paid less than men for com.parable work. However, the 
Government has included women in the labor-intensive economic 
development projects financed by foreign grants. Both the 
Government and the party are m.aking efforts to bring women 
into various economic and social activities from which they 
traditionally have been excluded. The Organization of Cape 
Verdean Women was founded in 1980, with party encouragement, 
to sensitize the Government and Cape Verdeans in general to 
issues affecting women. 



53 



CAPE VERDE 

CONDITIONS OF LABOR 

The Code of the Family, enacted in October, 1981, prescribes 
the full legal equality of men and women, including equal pay 
for equal work. Minimum wages are established by government 
decree. As of January 1, 1986, the minimum age for civil 
servants (the basis for minimum wages for all other forms of 
nonrural employment) is approximately $72 per month. In rural 
areas, the daily minimum for the least skilled types of labor 
is about 83 cents. The minimum age for employment is 14, and 
children under 16 are prohibited from working at night, more 
than 7 hours per day, or in establishments where toxic 
products are used. There does not appear to be an overall 
safety and health code for the workplace, although there are 
particular regulations such as those prohibiting the 
employment of children where toxic products are used. The 
normal work week for adults is 44 hours over 5 1/2 days. A 
worker is entitled to at least one full day (24 hours) of 
leisure per week. These regulations seem to be respected in 
practice. 



54 



U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COUNTRY: CAPE VERDE 



1984 



1935 



1986 



I.ECON. ASSIST.-TOTAL.. . 

LOANS 

GRANTS 

A. AID 

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.) .. . 

3. FOOD FOR PEACE 

LOANS 

GRANTS 

TITLE I-T3TAL 

REPAY. I^ $-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAL 

z .RELIEF. EC. OEV i WF?. 

VOL. RELIEF AGEflCY 

C.OTHER 5C0N. ASSIST... 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 

II.1IL. ASSIST.-TOTAL... 

LOAFIS 

GRANTS 

A. MAP GRANTS 

3. CREDIT FINANCING.... 
C.IHTL MIL.E0.TRN5.... 
D.TRAN-EXCESS STOCK... 
E. OTHER GRANTS 

III. TOTAL ECON. S MIL... 

LOANS 

GRANTS 



6.5 


4.9 


2.9 


0.0 


0.0 


0.0 


6.5 


4.9 


2.9 


2.0 


3.4 


2.9 


0.0 


0.0 


0.0 


2.0 


3.4 


2.9 


0.0 


3.0 


0.0 


4.5 


1 .5 


0.0 


0.0 


0.0 


0.0 


4.5 


1.5 


0.0 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


4.5 


1.5 


0.0 


4.5 


1 .5 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.1 


0.0 


O.D 


0.0 


0.0 


0.0 


0.1 


0.0 


0.0 


0.0 


3.0 


0.0 


0.0 


0.0 


0.0 


0.1 


3.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


6.5 


5.0 


2.9 


0.3 


0.0 


0.0 


6.5 


5.0 


2.9 



OTHER 


US LO 
M SANK 
OTHER. 


ANS. . 








0. 
0. 

0, 


.0 
.0 
.0 


0, 

0, 
0, 


.0 

.0 
.0 


0. 
0. 
0, 


.0 


EX-I 
ALL 


LOANS 


,0 
.0 










ASSI5 


TANCE 


FROM 


INTERNATIONAL 
1934 1935 


AG 


ENCIES 
1936 




1946- 


-86 





TOTAL 


1 .9 


2?. 5 


0.0 


69.0 


I3;^D 


3.0 


0.0 


*■ 0.0 


3.0 


IPC 


0.0 


0.0 


0.0 


0.0 


IDA 


0.0 


■+.0 


0.0 


11.2 


103 


3.0 


0.0 


0.0 


■ 3.0 


AU3 


3.0 


0.3 


0.0 


3.0 


AP03 


1.1 


24.3 


0.0 


47.7 


UN3P 


o.s 


0.5 ■ 


0.0 


9.1 


OTHER-UN 


0.0 


, 0.0 


0.0 


1.0 


EEC 


3.0 


0.0 


0.0 


0.0 



55 



CENTRAL AFRICAN REPUBLIC 



General Andre Dieudonne Kolingba has headed the Government 
since his accession to power in a bloodless coup on September 
1, 1981. He holds all political power and is the final 
arbiter on all government matters. He also headed the 
Military Committee for National Recovery until September 21, 

1985, when that Committee was dissolved to make way for the 
current civilian Government. On May 7, 1986, the President 
announced his plans for the creation of a single national 
political party, the Central African Democratic Assembly. On 
October 31, Kolingba introduced a new Constitution which was 
subsequently approved in a national referendum on November 21, 

1986. He was also elected President in that vote. The new 
Constitution provides for a parliament which includes a 
National Assembly and an Economic and Regional Council, 
representing the principal economic and regional sectors of 
the country. 

The Minister of Interior is in charge of the civilian police 
force. These police normally man barriers on the major roads 
and keep records of the movement of vehicles. The Presidency 
has its own security force. The Ministry of Defense also has 
a military police force, in addition to the armed forces. 

The Central African Republic is a poor, landlocked, sparsely 
populated country. Most of its inhabitants derive their 
livelihood from subsistence agriculture. Only about 1 percent 
of the population is university educated. The essentially 
free enterprise, agrarian economy, one of the world's least 
monetized, has suffered from inadequately coordinated and 
implemented government policies, occasional drought, and a 
poorly trained work force. Expatriates dominate the small 
manufacturing and commercial sectors of the economy. 

There was continued improvement in the human rights situation 
in 1986. Kolingba 's Government again faced sporadic 
challenges from dissidents in the north along the Chadian 
border, but at a greatly reduced level. Following the release 
in December 1985 of 89 political prisoners, Kolingba granted 
additional pardons on June 30 and September 1, 1986 (the fifth 
anniversary of Kolingba 's accession to power). Although most 
of those pardoned were common criminals, the pardons of 
September 1 included the release of 5 prisoners convicted by 
the special tribunal (the court which tries political cases) 
and the reduction in sentence from 10 years to 5 years for 13 
others convicted by the special tribunal. The sudden return 
from exile and arrest of former emperor Jean-Bedel Bokassa in 
October posed an unexpected challenge to the Government in 
that a new trial means reliving a difficult period in the 
country's recent history. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of killing or summary executions for 
political motives by government forces. While there may have 
been some civilian casualties during the military action 
against guerrillas in April 1985, none was reported in 1986. 



66-986 0-87-3 



56 



CENTRAL AFRICAN REPUBLIC 

b. Disappearance 

There were no reports of disappearance as a result of 
government action. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

The penal code prohibits torture and provides for sanctions 
against persons guilty of physical abuse. Nevertheless, there 
are reports of beatings in prisons. Conditions in the prisons 
are generally harsh, and medical attention is inadequate. 
However, prominent political detainees have reportedly been 
well treated and given special privileges, such as extra 
family visits . 

d. Arbitrary Arrest, Detention, or Exile 

The Kolingba Government has occasionally engaged in arbitrary 
arrest and imprisonment. Generally such arrests occur when a 
suspect has allegedly engaged in acts which present a threat 
to the regime. It is likely that some political detainees are 
currently being held, but it is difficult to say precisely how 
many are being held at any one time. There was no confirmation 
of Amnesty International's statement, as expressed in its 1986 
Report, that more than 100 alleged opponents of the Government 
may have been detained without trial in 1985. 

Security officials generally respect local law which allows 
family members, legal counsel, doctors, and clergy access to 
prisoners. It is not uncommon for those held outside the main 
prison to be allowed to return home during the day or to sleep 
at night. Under local law, political detainees can be held 
without charge for as long as 2 months, but at that point 
detainees must either be formally charged or released. If 
they are charged, local judicial procedures (which are modeled 
on French procedures) allow for open-ended preventive 
detention while the public prosecutor prepares the State's 
case against the accused. Some political detainees are held 
much longer than 2 months, however, without formal charges 
being brought against them. In the case of common criminals, 
the law requires that they be brought within 96 hours before a 
magistrate who decides whether formal charges will be filed. 

Approximately six well-known political opponents live in 
exile. Several of them have been sentenced to death in 
absentia for crimes against the State. However, during the 
December 1, 1985, National Day celebration President Kolingba 
indicated a possible willingness to move toward reconciliation 
with opposition elements. On October 23, 1986, former Emperor 
Jean-Bedel Bokassa unexpectedly returned to the Central African 
Republic from his exile in France. Bokassa, who was sentenced 
to death in absentia in 1980 for crimes including murder, 
cannibalism, and embezzlement, was immediately detained and is 
being retried in local criminal court. 

The Government has been cited by the International Labor 
Organization (ILO) for being in violation of ILO Conventions 
29 and 105 for allegedly imposing compulsory labor on 
prisoners jailed for unauthorized political activities. 

e. Denial of Fair Public Trial 

In most cases involving common criminals, the Government 
permits French-modeled legal procedures to be fairly and 



57 



CENTRAL AFRICAN REPUBLIC 

openly applied and the laws to be properly executed. The new 
Constitution continues the provisions of the constitutional 
decree of September 21, 1985 which states that the judiciary 
"is guaranteed independence (from) the legislative and 
executive (power)." The President of the Republic is the 
guarantor of that independence in his role as "President of 
the Supreme Magistrative Council." 

A special tribunal comprising civilian magistrates and 
military advisers adjudicates political cases. The special 
tribunal differs from ordinary courts in that there is no 
appeal process except for the possibility of presidential 
clemency, and trials must be specifically authorized by the 
President. Political detainees have a right to legal counsel 
from the start of formal procedures. President Kolingba has 
authorized the meeting of the special tribunal on a fairly 
frequent basis. Trials are open to the public, and the 
proceedings are often reported in the local media. 

The number of political prisoners is unknown. The case of 
High Commissioner Francois Gueret, secretary general of the 
banned political party. Movement for Democracy and 
Independence, has been well publicized and is not atypical. 
In February 1985, he was arrested and charged with destroying 
administrative documents and inciting public disorder. When 
the state prosecutor found insufficient evidence to support 
those charges, Gueret was charged with refusing to wear the 
military uniform required of High Commissioners. A judicial 
inquiry recommended his release at the end of April. 
Nevertheless, he continued to be detained and was finally 
charged with trying to overthrow the Government. A public 
trial, under a special tribunal, was held, and he was 
convicted and sentenced to 10 years in prison. His sentence 
was reduced to 5 years by presidential clemency on September 
1, 1986. On December 1, 1986, Gueret was released as a result 
of Presidential clemency. Another prominent political 
prisoner. Major Gregoire Miango, first arrested in October 
1983, was released on April 14, 1986. However, he is not 
allowed to travel outside his home town where he currently 
resides with his family. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Except for political and security matters, the Government does 
not generally interfere in the private life of citizens. 
There is no forced membership in any political organization, 
and there is no interference with the right to marry or have 
children as one chooses. Parents are free to teach their 
children religious beliefs and practices, with the exception 
of the Jehovah's Witnesses (Section 2.c.). The criminal code 
prohibits the invasion of the home without a warrant, and this 
prohibition is not generally abused in civil and minor 
criminal cases. However, if a political crime is involved, 
ordinance 81/035, which instituted the special tribunal, 
authorizes searches at any time and at any place. These 
searches have been conducted without specific warrants. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The right to speak publicly about political developments or to 
criticize the Government is circumscribed although most people 
feel free to comment privately on political affairs. The 



58 



CENTRAL AFRICAN REPUBLIC 

Government prohibits the distribution of tracts and literature 
deemed to be subversive. Since July 1, 1986 there has been 
only one regularly published newspaper, which, along with 
others that appear sporadically, is carefully monitored by the 
Government. Radio and television are also controlled by the 
Government . 

b. Freedom of Peaceful Assembly and Association 

Only assemblies of a nonpolitical nature can take place 
without government approval. Unlawful assemblies are 
disbanded by government forces, and in some instances some of 
those participating in the assemblies have been arrested. 

In 1981, Kolingba suspended the General Union of Central 
African Workers, and no effective labor movement has existed 
in the country since that time. The Government tacitly 
approves of an apolitical labor federation that exists mostly 
on paper and has no collective bargaining authority. The ILO 
has a case pending before it involving the Central African 
Republic's alleged violations of the right to freedom of 
association under ILO Convention 87. The Government has yet 
to provide the substantive information requested by the ILO 
Committee reviewing the case. The right to strike exists in 
principle, although fear of government reprisals has dampened 
the enthusiasm of potential strikers. 

In response to a month-long student strike in March-April 
1986, the Government has banned boycotts of classes and all 
demonstrations by school children and university students, 
except for those authorized by the Ministry of the Interior. 
Those violating this prohibition face up to a 3-year prison 
term. 

c. Freedom of Religion 

The Government does not generally interfere with religious 
activities. Religious organizations and missionary groups are 
provided religious freedom by Central African custom. No 
single religion predominates, nor does the Government appear 
to discriminate in favor of or against specific religions. 

In 1986 there was a major exception to the Government's policy 
of noninterference in religious activities. The Minister of 
the Interior formally prohibited the activities of the 
Jehovah's Witnesses on February 1, 1986. This decree was 
aimed primarily against the foreign missionary Jehovah's 
Witnesses who had refused to participate in 

government-sponsored activities or to encourage allegiance to 
the Government. As a result of this government action, all 
foreign missionary Jehovah's Witnesses have left the country, 
and native-born adherents to the sect are prohibited from 
openly practicing their faith. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

People are generally free to move about within the country, 
although there are road checkpoints. The right of voluntary 
travel and repatriation is recognized. Financial and 
educational constraints rather than government controls act to 
restrict most foreign travel and emigration. No case of 
revocation of citizenship was reported in 1986. 



59 



CENTRAL AFRICAN REPUBLIC 

The country remains relatively hospitable to foreigners; the 
largest foreign population living either temporarily or 
permanently in the country is from Chad, with the vast 
majority relying on U.N. relief for support. At the beginning 
of 1986 there were some 20,000 Chadian refugees living in four 
refugee camps sponsored by the United Nations High 
Commissioner for Refugees and another approximately 20,000 
living in Bangui and along the northern border area. Due to 
the increase in political stability in Chad during 1986, many 
of these refugees have been voluntarily repatriated. As of 
late 1986, the total Chadian refugee population in Central 
African Republic was approximately 14,500. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

On September 21, 1985, President Kolingba dissolved the 
National Committee for Recovery and appointed a civilian 
Cabinet, an event which continued the process begun in 1984 of 
moving from a military government towards institutionalization 
of a civilian government, presently composed of 18 Ministers, 
4 Secretaries of State, and 3 High Commissioners. In the 
referendum on the new Constitution, Central Africans endorsed 
Kolingba as President, in his capacity of head of a newly 
created single political party, the Central African Democratic 
Assembly. Currently, President Kolingba retains all political 
power, presiding over the executive branch and establishing 
legislation through the Council of Ministers and by 
presidential decree. Although in practice he allows his 
Cabinet considerable leeway in the day-to-day activities of 
government administration, he makes all important policy 
decisions. Since September 1, 1981, all forms of public and 
private assembly for political purposes have been proscribed, 
and Kolingba has stated that he has "no intention of returning 
his country to the turbulent multiparty experience of the 
pre-1981 regime. " 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government does not welcome and is sensitive to 
international or nongovernmental investigation of alleged 
human rights abuses but does not prohibit such 
investigations. Representatives of Amnesty International and 
the International Committee of the Red Cross visit Bangui 
periodically. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

There are more than 80 ethnic groups in the Central African 
Republic, each with its own language. About 70 percent are 
Baya-Mandjia and Banda. Preference for high government 
positions has generally been given to members of President 
Kolingba 's Yakoma ethnic group (approximately 10 percent of 
the population). However, the preeminence of this group has 
declined in the past year. 

The Constitution mandates that all persons are equal before 
the law without regard to race, ethnic origin, region, sex, or 
religion. However, women have traditionally been accorded a 
lower status than men. For example, there is less emphasis on 
the importance of education for women, and this is reflected 
in the fact that only 19 percent of the adult female population 



60 



CENTRAL AFRICAN REPUBLIC 

is literate as opposed to 49 percent of the male population. 
The rec[uirements of their work at home and in the fields 
prevent many women from receiving any formal education. 
Although polygamy is common, the legal system and traditional 
practice support the rights of the wives and all children of 
such marriages. A national women's organization exists and is 
supported by the Government. There are no women ministers, 
secretaries of state, or high commissioners in the Kolingba 
Government . 

CONDITIONS OF LABOR 

Employment of children under 14 years of age is forbidden by 
law. While it is only loosely enforced, jobs are in such 
demand that children in the labor force are generally limited 
to working as helpers in family business, such as selling food 
products or cigarettes. Minimum wages have been established 
by the Government, and a social security system exists. 
However, much labor is performed outside the wage and social 
security system and probably does not meet the established 
minimum levels. The law sets maximum working hours for 
government employees and most people in the private sector at 
40 hours per week. Domestic employees may work up to 55 
hours. There are also general laws of health and safety 
standards in the work place but they are neither precisely 
defined nor actively enforced. 



61 



U.S. OVERSEAS -LOANS AND GRANTS- OSLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRf: CENTRAL AFRICAN REPUBLIC 

1984 



1985 



1986 



I.ECON. 
LO 
GR 
A. AID 
LO 
GR 
(SEC 
a. FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
E.REL 
VOL.R 
C.OTHE 
LO 
GR 



ASSIST. -TOTAL.. 

AMS 

ANTS 



ANS 

ANTS 

.SUPP. ASSIST.) .. . 

FOR PEACE 

ANS 

ANTS 

I-TOTAL 

. IN S-L0AN3 

IN FOP. CURR 

II-TOTAL 

lEF. EC.DEV a HFP. 

ELIEF AGENCY 

R SCON. ASSIST... 

ANS 

ANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST. -TOTAL, 

LOANS 

GRANTS 

A. MAP GRANTS 

3. CREDIT FINANCING., 
C.INTL MIL.EO.TRNG. , 
D.TRAN-EXCESS STOCK, 
= . OTHER GRANTS , 



III. TOTAL ECON. S MIL, 

LOANS 

GRANTS 



3.6 


4.8 


4.3 


O.D 


0.0 


0.0 


3.6 


4.8 


4.3 


1.2 


2.4 


2.2 


O.D 


0.0 


0.0 


1.2 


2.4 


2.2 


0.0 


0.0 


0.0 


0.4 


0.4 


0.0 


0.0 


0.0 


0.0 


0.4 


0.4 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


O.D 


0.0 


0.0 


0.4 


0.4 


0.0 


0.4 


0.4 


0.0 


0.0 


0.0 


0.0 


2.0 


2.0 


2.1 


0.0 


0.0 


0.0 


2.0 


2.0 


2.1 


2.0 


2.0 


2.1 


0.0 


D.O 


0.0 


0.0 


0.0 


0.0 


0.1 


0.1 


0.1 


0.0 


0.0 


0.0 


0.1 


0.1 


0.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.1 


0.1 


0.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.7 


4.9 


4.4 


O.D 


0.0 


0.0 


3.7 


4.9 


4.4 



OTHER US LOANS. .. , 
eX-lM BANK LOANS, 
ALL OTHER 



0.0 

0.0 
0.0 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1984 1935 1986 



1946-86 



TOTAL 


12.0 


18.3 


11.9 


287.4 


IBRD 


0.0 


0.0 


0.0 


0.0 


IFC 


0.0 


0.0 


0.0 


0.0 


IDA 


3.0 


8.0 


11.9 


99.1 


IDB 


0.0 


0.0 


0.0 


0.0 


AD3 


0.0 


0.0 


0.0 


0.0 


AFOB 


5.4 


7.6 


0.0 


70.1 


UNDP 


4.3 


2.7 


0.0 


35.8 


OTHER-UN 


2.3 


0.0 


0.0 


8.0 


EEC 


0.0 


0.0 


0.0 


74.4 



62 



CHAD 



The Chadian Government is led by President Hissein Habre who 
took power in 1982 in the course of a protracted civil war. 
Relying upon the armed forces as his power base, Mr. Habre 
heads the Council of Ministers which, along with an appointed 
National Consultative Council, comprise the executive and 
legislative branches of the Government. The multiethnic 
National Union for Independence and Revolution (UNIR) was 
created in 1984 to broaden Habre' s political base, and in 1986 
it remained the only officially recognized political movement. 

In 1986 President Habre vigorously pursued with increasing 
success a policy of national reconciliation, which by the end 
of the year had rallied all but a small remnant of the former 
armed opposition to his leadership, including in late October 
most of the followers of ex-President Goukouni Oueddei ' s 
so-called Transitional Government of National Union (GUNT) . 
Earlier in 1986, calm returned to the south when the rebel 
commandos ("CODO's") rallied to the Government. Despite these 
important achievements, Libya continued to occupy 40 percent 
of Chad with an estimated 7,000 troops and in December was 
engaged in heavy fighting with its ex-allies, the GUNT forces 
in northern Chad. Thus, at the end of 1986, the Chadian 
conflict had turned from a civil war, in which Libya was 
backing one side, into an international confrontation between 
two states, Chad and Libya. In this transformation, Habre 's 
Chadian National Armed Forces (FANT), supported by increased 
French military and economic assistance, played a major role. 
The arrival of the French military "Operation Epervier" in 
mid-February 1986, for example, helped the FANT deter the then 
combined Libyan/GUNT offensive south of the 16th parallel. A 
major effort is currently under way to reintegrate the former 
CODO's into the FANT or into civilian occupations. 

Against this background, Chad remains desperately poor, and 
its estimated population of 5 million has perhaps the lowest 
annual per capita income in the world ($80). Cotton 
production is the major source of government revenues and 
provides employment for 40 percent of the wage work force. 
However, world cotton prices plunged by 60 percent in 1986, 
and production costs rose to the point where Chad's 
state-owned cotton firm lost money with every purchase of the 
crop, threatening, inter alia, to undermine the Chadian 
banking system. This difficult situation was expected to 
continue at least until the early 1990 's. The Government 
relies heavily on foreign donor assistance, especially from 
France, to make up for lost government revenues. 

Throughout its long history of civil war, Chad had been the 
scene of human rights abuses stemming from rebel activities 
and reprisals by government forces. In recent years in 
unoccupied Chad, most human rights violations occurred in 
southern Chad. The virtual end of civil strife in the south 
and the end of drought conditions have prompted many of the 
thousands of Chadians who had previously sought refuge in 
neighboring countries to return to Chad. Libyan-occupied 
northern Chad remains closed to outside observers. At the end 
of 1986, the Chadian Government accused the Libyans of 
extensive human rights violations in the north, including the 
charge of genocide against the population, and sought U.N. 
assistance in countering Libya's intensified military 
activities . 



63 



CHAD 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were many credible reports of political killings in 

1985. In marked contrast, there were no new reports of such 
killings in 1986 in the area under Chadian government 
control. The switching of numerous CODO ' s to the government 
cause, strict and sometimes harsh punishment imposed upon 
undisciplined soldiers, the establishment of a military code 
of justice, and a general amnesty for all political exiles, 
combined to produce an environment in 1986 which decidedly 
discouraged political killing. Also the threat of further 
invasion by the Libyan forces below the 16th parallel helped 
to reduce political dissension and foster a unified war effort 
in the unoccupied part of the country. 

b. Disappearance 

There were also no reported disappearances in unoccupied Chad 
in 1986. However, a number of persons believed to be m 
detention did not appear among the 119 political detainees 
released by the Government on January 19, 1986, thereby 
arousing suspicions that they had either died in custody or 
were still being held. The Government stated that 119 was the 
total number of such detainees. Amnesty Internatioiial 
expressed concern in its 1986 Report (covering 1985) about the 
"disappearance" of hundreds of people who were reportedly 
detained by government forces, many of whom were believed to 
have been the victims of extrajudicial executions. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

In the long history of civil strife, there have been many 
reported incidents of torture and degrading treatment by 
governmental and many oppositional forces. In 1986 there was 
concern for the humane treatment of prisoners of war. The 
International Committee of the Red Cross (ICRC) has regular 
access to several hundred prisoners of war held in Chad from 
fighting predating 1986 but not to those taken in 1986, 
including an estimated several hundred GU1^IT and Libyan 
prisoners captured in the fighting in February and March 

1986. In addition, there may be other prisoners of war taken 
before 1986 who do not benefit from TCRC visits. The 
Government has indicated that it will probably deny access to 
Libyan prisoners as long as the Libyans deny the ICRC access 
to FANT prisoners held in the north or in Libya. 

Prison conditions in Chad are generally poor, largely because 
of the country's poverty rather than a policy of abusive 
treatment. There are reports of frequent beatings. Adequate 
food is largely dependent upon outside visitors, especially 
family. There are government detention centers where, because 
they are not accessible to outside observers, decidedly worse 
conditions may prevail. 

d. Arbitrary Arrest, Detention, or Exile 

The judicial system and criminal code in unoccupied Chad have 
evolved primarily from the body of law inherited from the 
former colonial power, France. In theory, this law 
incorporates safeguards against arbitrary arrests and 



64 



CHAD 

specifies detainee rights, including the right to counsel and 
the right to be promptly informed of charges. However, in 
practice, civil strife over more than 21 years has severely 
disrupted the legal system, especially the operation of the 
courts. Persons who express views critical of or different 
from those of the Government are often thought to endanger the 
security of the State and may be detained without trial. 
There are very few lawyers in Chad, and there is no 
functioning system of bail. The new Director of the National 
Security Police announced in October that detainees would not 
be held more than 48 hours without charge. 

Amnesty International has been concerned about the detention 
without trial of dozens of alleged opponents of the 
Government. At the end of 1986, the number of persons 
remaining in detention without charge, as distinct from 
prisoners of war, was not known, but as noted above, the 
Government claimed all political detainees had been released 
in January. 

The Government reports that there have been large-scale 
deportations of Chadians from the northern portion of the 
country to Libya for indoctrination, assimilation, forced 
labor, or military service in the "Islamic Legion," an 
anti-Chadian government force in the north under Libyan 
control. Ex-President Goukouni Oueddei is reportedly under 
arrest in Tripoli. 

The International Labor Organization (ILO) has been critical 
of Chad in the past for the use of forced labor. The Chadian 
Government continued discussions with the ILO in 1986 on 
revising outdated labor laws which do not meet ILO norms, 
including the ILO's convention on forced labor. 

e. Denial of Fair Public Trial 

The Chadian judiciary has been weakened through years of civil 
war and extrajudicial actions. The President appoints judges 
and other judicial officials. Since 1982 the Government has 
been attempting to rebuild the regular judicial system which 
includes, 1 appeal court, 14 district courts, 4 labor 
tribunals, and 1 special court of justice established in 1985 
for processing cases involving embezzlement of public funds 
and abuse of public office. There are only 2 defense 
attorneys and 36 justices of the peace, which highlights the 
shortage of trained judicial personnel. Judicial authorities 
complain of a heavy backlog of approximately 400 cases. 

There is also a traditional system of law presided over by 
sultans and chiefs. This traditional system is generally 
effective and fair in resolving property and other civil 
disputes and in dealing with cases involving petty local 
crime. In theory, decisions in customary courts may be 
appealed to the regular courts. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Under Chadian law, homes may be searched only during the day 
and under authority of a warrant. In practice, however, there 
are many instances where this law has not been respected. 
There have been occasional reports of soldiers, deserters, and 
bandits seizing private property. 



65 



CHAD 

Correspondence carried by people traveling overland in Chad is 
often checked by authorities at various points along the way. 
Correspondence sent through the Chadian postal system, 
however, is less likely to be subject to such controls. 

In Libyan-occupied northern Chad, there have reportedly been 
forced resettlements of Chadians and forced marriages between 
Chadian women and Libyan soldiers,^colonizers . Also, reports 
indicate that sizable quantities of livestock have been taken 
to Libya from northern Chad without proper compensation to 
their Chadian owners, and that Libyans use food distribution 
as a means of keeping the local populations under control. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Temporary detention is a likely penalty for publishing or 
spreading information considered damaging to the Government's 
interests. The radio stations and the only daily news 
bulletin are operated by the Government's information 
secretariat. A weekly news magazine is published by UNIR. 
The editors, journalists, and media technicians are employed 
by the Government and do not write or publish anything which 
is critical of the Government. 

In late December, based on military considerations, the 
Government imposed censorship on all foreign news dispatches 
coming from Chad. However, it ended this censorship system at 
the beginning of January 1987. 

Chadian law enforcement officials have been known to 
"discourage" Chadians from listening to Radio Bardai, the 
Chadian opposition radio station in the north, which is 
actually located in Libya. Private groups (religious and 
otherwise) publish nonpolitical information freely. Major 
French dailies and weekly news and feature magazines are sold 
in Chad, and ideologically hostile foreign magazines are 
sometimes available. The ban on the sale of the Paris-based 
journal Afrique Asie, imposed in 1985 following the 
publication of an article critical of the Chadian Government, 
remains in effect. In 1986 a local Catholic publication, 
L'Espoir, was suppressed for having published political 
commentary. In 1986 an Agence France Presse correspondent was 
expelled for writing "false information aimed at discrediting 
Chad. " 

Freedoms of speech and press are tightly controlled in the 
Libyan-occupied north where the use of French, one of the two 
official languages of Chad, has been largely proscribed. 

b. Freedom of Peaceful Assembly and Association 

In unoccupied Chad there is no forced membership in any 
political organization. However, voluntary membership is 
limited to the National Union for Independence and Revolution 
(UNIR) and its subgroups. UNIR is working to strengthen and 
extend its organization but has encountered resistance from 
several ex-opposition political organizations which have 
recently rallied to the Government. These political groups 
vow to maintain, and have so far maintained, their individual 
identities, but the Government has severely criticized 
meetings of members of these political organizations in the 
government-controlled press. Thus far, no other action has 



66 



CHAD 

been taken against these groups. Reports from the Libyan- 
occupied northern part of Chad indicate that the free assembly 
of indigenous Chadians there is prohibited, including in labor 
unions . 

Chad's labor laws provide for freedom of association for 
workers, for confederation of unions, and for the right to 
bargain collectively. The right to strike exists only after 
arbitration at three levels in two ministries (Labor and 
Justice) fails. There are two labor union confederations in 
Chad, both of which are only marginally effective and are in 
large part constrained by the Government. These unions are 
too weak and the economy too undeveloped for organized labor 
to be a significant political force. 

c. Freedom of Religion 

Chad professes to be a secular state. Islam, Christianity, 
and other religions are freely practiced. Both Islamic and 
Christian holidays are given official status. More than 50 
percent of Chad's population is Muslim, and Chad is a member 
of the Organization of the Islamic Conference. Christian 
missionaries may, nevertheless, enter the country, 
proselytize, and provide assistance to local populations. 
They are particularly active in the south. Religious 
publications are allowed to circulate freely, provided they do 
not engage in political commentary. There is no evidence the 
Government either favors or disfavors members of particular 
religions. In Libyan-occupied northern Chad, only the Muslim 
religion can be practiced openly. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Travel in Chad is sharply curtailed by the presence of hostile 
forces north of the 16th parallel and by bandits and residual 
rebel groups in certain southern and eastern parts of the 
country. Travelers within Chad require proper documentation 
and government travel authorization, which can usually be 
obtained. 

International travel is permitted. Chadians may obtain 
regular passports for a fee of about $60, provided they have 
been cleared by Chad's internal security services, a process 
which normally takes less than 1 week. 

Chadians are free to emigrate. In previous years, thousands 
of Chadians fled to neighboring countries because of drought 
and civil strife. As conditions improved in 1986, thousands 
of these displaced Chadians returned from the Central African 
Republic, Sudan, Cameroon, Niger, and Nigeria. Despite Chad's 
limited material means, these repatriates, as well as those 
Chadians who fled the occupied northern zone, have been well 
received. There have been no known reprisals against members 
of former opposition groups who have returned to Chad. 

The movement of Chadians in the occupied north is reported to 
be tightly controlled and severely restricted. There were 
reports that occupying forces fired upon civilians fleeing 
south to government-controlled areas. 



67 



CHAD 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

The present political system makes no provision for democratic 
change of government. Chad has been in a state of civil 
strife since 1965, with various factions and as many as 11 
armies contending at times for control of the country. 

Since June 1982, Chad has been governed by President Hissein 
Habre, who heads a French-style Council of Ministers 
complemented by an appointed National Consultative Council 
(legislature). Both Councils are carefully balanced to 
promote ethnic and regional harmony. The source of President 
Habre' s authority is the allegiance he commands from the armed 
forces, the security services, and the country's only 
authorized political movement, the National Union for 
Independence and Revolution (UNIR) . UNIR's bylaws mandate the 
popular election of lower-level officials, but, as yet, no 
elections have been scheduled. 

At present, laws, decrees, and ordinances are proposed by the 
President and the Council of Ministers and occasionally 
"discussed" by the National Consultative Council prior to 
promulgation. Agreements signed in late 1985 in Gabon by the 
Government and the rallying opposition parties, known as the 
"Libreville Accords," provide for the drafting of a new 
constitution by the National Consultative Council, to be voted 
on by referendum within 4 years. The new constitution is to 
provide a timeframe for free and democratic elections. 

Sometimes, traditional leaders (cantonal or village chiefs for 
example) are popularly elected or chosen by subordinate 
members of the traditional hierarchy (village chiefs or family 
heads, for example) . 

In the occupied northern zone, Chadians must establish 
Libyan-style "Peoples' Committees." The alliance of armed 
Chadian opposition groups known as the Transitional Government 
of National Union (GUNT) collapsed by late 1986 due to 
disillusionment with Libyan control, military defeat, and 
Habre' s successful policy of national reconciliation. The 
GUNT had previously served as a front for the Libyan 
occupation of northern Chad. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

As noted above, the Chadian Government permits the ICRC to 
visit many prisoners of war captured before 1986. It does 
not, however, permit ICRC visits to prisoners captured during 
the fighting of 1986. The Libyans do not permit ICRC visits 
to Chadian prisoners of war in the north. 

The Government has carried on a "dialogue" with Amnesty 
International and permitted Amnesty to send a mission to Chad 
in 1985 to discuss human rights, including status and 
conditions of prisoners of war, which the Government maintains 
are held in recognized detention centers. 

Chad has no internal human rights organizations, either 
official or nongovernmental. Chad ratified the Organization 
of African Unity's African Charter for Human and Peoples' 
Rights in July 1986. 



68 



CHAD 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

There are some 200 ethnic groups in Chad, which can be divided 
roughly between Saharan and Arab Muslim in the northern and 
central regions, and negroid peoples in the south. Over 21 
years of conflict have brought out the complexity of ethnic 
divisions beyond simple north-south formulations. Habre has 
made a serious effort to expand the ethnic and geographic 
representation of his administration and to create a truly 
national government by appointing ministers, deputy ministers 
(secretaries of state), and administrators from all parts of 
the country. 

In the public domain, at least, women are generally 
subordinate to men. Women contribute greatly to Chad's 
agricultural productivity in virtually all aspects of 
farming. They also engage in commerce, ranging from simple 
market stalls to the ownership of some larger businesses. The 
titular members of agricultural cooperatives still tend to be 
men. Women may serve voluntarily in the armed forces, 
although they are excluded from officer training programs. In 
1984 a Ministry of Social and Women's Affairs was created and 
has always had a woman minister. Only 1 of the 15 members of 
the executive bureau of UNIR's central committee is a woman. 
UNIR has a fairly active women's organization. Many women, 
especially war widows and their children, have inadequate 
means of support. 

CONDITIONS OF LABOR 

The minimum age for employment is 14. Many exceptions abound, 
however, as Chad is a predominantly labor-intensive agrarian 
society, with 95 percent of the population engaged in 
subsistence agriculture. The statutory minimum for wage labor 
is approximately $25 per month. With the Government extremely 
short of funds, civil servants below the executive level 
receive only 60 percent of salaries on the scale established 
in 1977. Nonagricultural work is limited to 48 hours per week 
with overtime to be paid for any excess. Agricultural work is 
supposedly limited to 2,400 hours per year. All workers must 
have at least 24 consecutive hours of rest each week, usually 
on Sunday. Occupational health and safety standards are 
established by law and ministerial decree but, as with most 
social legislation, enforcement is weak. 



69 



U.S.OVERScSS -LOANS ANO GRANTS" OBLIGATIONS AND LOAM AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: CHAD 



1934 



1935 



1986 



I. ECON. 
LO 
GR 
A. AID 
LO 
GR 
(SEC 
3. FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
E.REL 
VOL.R 
C.OTHE 
LO 
GR 



ASSIST. -TOTAL.. 

ANS 

ANTS 



AMS 

ANTS 

.SU=P. ASSIST.) .. . 

FOR PEACE , 

ANS 

ANTS 

I-TOTAL 

. IN $-LOANS...., 
IN FOR. CURR .. .. . 

II-TOTAL 

lEF.eC.DEV 5 WFP, 
ELIEF AGENCY...., 
R ECON. ASSIST.., 

ANS 

ANTS 

PEACE CORPS , 

NARCOTICS 

OTHER 



II.MIL. ASSIST. -TOTAL, 

LOANS < 

GRANTS 

A. MAP GRANTS 

a. CREDIT FINANCING., 
C.INTL MIL.EO.TRNG. 
D.TRAN-EXCESS STOCK 
E. OTHER GRANTS , 



III. TOTAL ECON. & 'ML. 

LOANS 

GRANTS 



16.0 


35.4 


15.5 


0.0 


0.0 


0.0 


16.0 


35.4 


15.5 


11.0 


15.5 


15.5 


0.0 


0.0 


0.0 


11.0 


15.5 


15.5 


3.0 


5.0 


9.8 


5.0 


19.9 


0.0 


0.0 


0.0 


0.0 


5.0 


19.9 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


5.0 


19.9 


0.0 


3.8 


13.6 


0.0 


1.2 


6.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


O.D 


D.O 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


2.2 


5.2 


5.9 


0.0 


0.0 


0.0 


2.2 


5.2 


5.9 


2.0 


5.0 


5.7 


0.0 


0.0 


0.0 


0.2 


0.2 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


13.2 


40.6 


21.4 


0.0 


0.0 


0.0 


18.2 


40.6 


21.4 



OTHER US LOANS. .. . 
EX-IM SANK LOANS, 
ALL OTHER , 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1984 1935 1986 



1946-86 



TOTAL 


5.2 


11.0 


.15.0 


306.6 


IBRD 


0.0 


0.0 


0.0 


0.0 


if: 


0.0 


0.0 


0.0 


0.0 


IDA 


0.0 


0.0 


15.0 


. 95.4 


103 


0.0 


0.0 


0.0 


0.0 


A03 


0.0 


0.0 


0.0 


0.0 


AFOB 


0.0 


0.0 . 


0.0 


49.1 


UNDP 


5.2 


4.3 


0.0 


39.5 


OTHER-UN 


0.0 


6.2 


0.0 


15.8 


ESC 


3.0 


0.0 


0.0 


106.8 



70 



COMOROS 



The Comoros unilaterally declared its independence from France 
in 1975. The first President, Ahmed Abdallah Abderemane, was 
overthrown almost immediately but regained power in 1978 when 
mercenaries ousted the increasingly repressive and xenophobic 
regime of Ali Soilih. Abdallah was reelected unopposed to a 
second 6-year term in 1984. In recent years, constitutional 
amendments have strengthened the President's position, notably 
in the appointment of governors, in the centralized collection 
of taxes, and in the establishment of a single legal political 
party, the Comorian Union for Progress (UCP) . Village 
notables and religious leaders dominate local politics while 
three major families, the President's being one, control most 
of the import-export business. 

A 75-member mercenary force continues to train and lead the 
Presidential Guard, the best equipped security force in the 
islands. French technical assistance is provided to the small 
Comorian armed forces and the Gendarmerie. Each island also 
has a local police force. 

Agriculture dominates economic activity. With a population of 
450,000, likely to double by the year 2000, the Comoros are 
rapidly approaching full utilization of arable land. Revenues 
from the export of copra, vanilla, essence of ylang-ylang, and 
cloves cover only a portion of necessary imports. There are 
no industries, inadequate port facilities, and limited highway 
and communications infrastructure. The Comoros are part of 
the francophone Africa monetary zone, and the Government 
depends heavily on France for budgetary support and technical 
assistance . 

There was little change in the human rights situation in 1986 
from 1985. Following the aborted coup attempt by Comorian 
soldiers in March 1985, which resulted in the trial and 
conviction of 77 coup plotters, the Government arrested 30 
soldiers at the end of 1985 for planning a second coup attempt. 
Most of those detained and sentenced in connection with both 
plots have now been released. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of political killings. 

b. Disappearance 

There were no reports of government-inspired disappearances. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Reports that mercenaries beat alleged coup plotters were 
investigated by several human rights groups in 1985 and again 
in 1986. Amnesty International's 1986 Report indicated that 
one prisoner was said to have been beaten to death during 
interrogation. 

Penal discipline is lax; most prisoners are usually released 
during the day for prayers and work. Families are expected to 
help provide their meals. The arrest of some 200 persons 



71 



COMOROS 

after the first coup attempt resulted in severe overcrowding 
of the Comoros' meager prison facilities until early 1986 when 
many of the prisoners were released. 

d. Arbitrary Arrest, Detention, or Exile 

The Government made large-scale arrests after the March 1985 
coup attempt, and it kept about 80 of the principal suspects 
in extended incommunicado detention. Mercenaries reportedly 
participated in many of the arrests and in the interrogation 
of detainees. Current legal procedures permit the government 
to take such actions, especially in security cases. The role 
of the mercenaries in the interrogation process was not 
authorized and was quickly terminated. As of the end of 1986, 
all persons arrested in connection with the 1985 coup attempt 
and its aftermath had been subjected to judicial process. At 
the end of 1986 there were no persons in detention on political 
grounds . 

There is no evidence of forced or compulsory labor. 

e. Denial of Fair Public Trial 

The 1978 Constitution provides for the equality of all citizens 
before the law and the right of all accused persons to a 
defense. The judiciary is independent in regular 
civil/criminal cases, and trials are open to the public. The 
Comorian legal system applies a mixture of Islamic law and an 
inherited French legal code. French and Comorian experts were 
drafting a new consolidated legal code at the end of 1986. 
Most disputes are settled by village elders or by a civil 
court of first instance. 

President Abdallah ordered the establishment of a special 
criminal court of appointed members to try many of the alleged 
March 1985 coup conspirators, based on a 1960 decree as amended 
in October 1985. Charges were not lodged until September, and 
the trial was held in November. Seventy-seven persons, both 
civilian and military, were sentenced to terms ranging from 10 
months to life imprisonment; 18 persons were subsequently 
pardoned in late 1985, but an additional 30 persons, all 
soldiers, were arrested at the end of 1985 for allegedly 
planning a second coup. Most of the persons sentenced or 
detained in these two coup incidents were pardoned or released 
during 1986. Approximately 34 alleged coup plotters were being 
held at the beginning of 1987. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The Constitution provides for the inviolability of home and 
property. There were no known cases of arbitrary interference 
with privacy in 1986. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The Constitution guarantees freedom of expression. Comorians 
discuss and criticize their Government and its leading 
personalities in private but not in public. The only local 
news media are the government-controlled radio station and 
monthly newspaper, which are self-censoring when covering 
domestic events. Foreign journals and newspapers are 
available, as are books from abroad. 



72 



COMOROS 

Clandestine tracts critical of the regime continued to 
circulate, despite several arrests and the occasional 
confiscation of printing equipment. Cassettes made in Iran 
and distributed by disaffected youths in Anjouan in early 1986 
prompted the arrest of 35 Islamic students and the confiscation 
of pro-Khomeini materials. The students were released 
uncharged 3 weeks later, after intense pressure from 
influential family members for their release. 

b. Freedom of Peaceful Assembly and Asociation 

The Constitution states that freedom of association and freedom 
to form unions are guaranteed, as well as the right to strike. 
In practice, these rights are partially circumscribed. In 
theory, all legal political activity takes place within the 
UCP. In practice, however, social occasions, such as the 
traditional lavish, extended Comorian weddings, serve as 
vehicles for intense political activity. Anniversaries of the 
death of former political figures and funerals of prominent 
Comorians sometimes also carry political overtones. On June 
10 the end of Ramadan featured a street demonstration in favor 
of an opposition figure recently returned from France. The 
Gendarmerie promptly dispersed the crowd but made no arrests. 

The wage labor force is small, and unions are not effectively 
organized. The scarcity of jobs is also a serious restraint 
on labor organization. As a result, there have been no 
strikes, but the Government's inability to pay wages and 
salaries on schedule sometimes results in work slowdowns, 
absenteeism, and informal peaceful protests to Comorian 
authorities . 

c. Freedom of Religion 

An overwhelming majority of the population is Muslim. The 
Constitution holds Islam to be the "wellspring of the 
principles and rules which guide the State and its 
institutions." However, the Government upholds the right of 
non-Muslims to practice their faith. There are churches for 
the small Protestant and Catholic populations. Christian 
missionaries work in local hospitals and schools, but they are 
not allowed to proselytize. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Movement within and outside the Comoros for citizens and 
foreigners is not restricted. A Comorian community abroad, 
concentrated in France, includes many persons who oppose the 
Government. In 1986 there was no evidence that those returning 
to the Comoros were subjected to government reprisals. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

During the Soilih period, undisciplined youth committees often 
terrorized society, all of the country's civil records were 
destroyed, and prominent families faced intermittent 
persecution. Soilih openly challenged the dominance of Islam, 
alienating much of the devoutly Islamic population. The Soilih 
experience caused many Comorians to fear radical change. The 
restoration of President Abdallah in 1978, and a commitment to 
moderately paced change, ended that phase of radicalism. 



73 



COMOROS 

Abdallah remains the single most important factor in Comorian 
politics. He commands the personal loyalty of the mercenary- 
led Presidential Guard, and his position is buttressed by his 
own personal wealth. The inability of a fragmented opposition 
to coalesce around a viable alternative to Abdallah has also 
reinforced the President's position. Abdallah has been in 
conflict with some of the leading "notables" since a cabinet 
reshuffle in 1985. The replaced notables have undertaken a 
"constitutional" effort to depose Abdallah. Discontent with 
the privileges of the Abdallah family and frustration with the 
notables' modest role in Comorian political life surfaced in 
the debates in the 38-member National Assembly in 1986. 

According to the Constitution, Assembly elections must be held 
within 5 years of the previous election. Abdallah' s political 
party, the UCP, was made the sole legal party in a 1982 
amendment to the Constitution. However, Abdallah has 
indicated that all political groups can nominate candidates 
for the next election to be held in March or April 1987. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The March 1985 coup prompted an investigation by several 
international human rights groups of the extended detention of 
alleged coup plotters. Subsequently the Interior Minister 
delivered a bitter rebuttal of published criticism of the 
Comorian human rights situation by Amnesty International and 
other human rights entities. He claimed that the Government 
invited all interested groups to make an on-the-spot 
examination of conditions in Comoros. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

The constitutional deference to Islam formalizes the deeply 
held commitment of most Comorians to an Islamic world view. 
The Comorian commitment to a free society is essentially a 
traditional Islamic one of an open marketplace, tolerance of 
other religions, and equality of Muslims before Allah. The 
society respects authority based on inheritance, age, wealth, 
and religious leadership. The Government demonstrated its 
nervousness about fundamentalist Islamic groups by the 
detention early in the year of the 35 Anjouan students. The 
Constitution formally provides for the equality of citizens 
regardless of race, sex, or religion, but men have a dominant 
role within Comorian society. At traditional ceremonies and 
social gatherings, the sexes are separated. Suffrage is 
universal, but the opinions of husbands and fathers exercise a 
formidable influence over women's voting habits. Yet women 
are neither veiled nor limited to minor civil service posts. 
Women have the right to participate in the political process, 
but tradition has discouraged the exercise of that right. 

CONDITIONS OF LABOR 

Young children are employed in household chores but not in the 
public or commercial sector. The lack of a minimum age for 
employment does not in practice encourage child labor abuse 
because jobs for adolescents and young adults are scarce, and 
wages for workers of all ages are very low. There is no 
industrialization or factory activity. Wages and standards of 
occupational safety and health are consistent with Comoros' 
status as one of the world's poorest countries. Hours of work 
in any category rarely exceed 35 hours per week. 



74 



U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COUNTRY: COMOROS 



1984 



1985 



1936 



I.ECON. ASSIST.-TOTAL .. . 

LOAMS 

GRANTS 

A. AID 

LOANS 

GRANTS , 

(SEC. SUPP. ASSIST.) .. . 

b.FOOD FOR PEACE 

LOAMS. , 

GRANTS 

TITLE I-TOTflL 

REPAY. IN ?-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAL 

£. RELIEF. EC. OEV 5 WFP, 

VOL. RELIEF AGENCY 

C.OTHER E:0N. ASSIST... 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



•TOTAL, 



II.MIL. ASSIST. 

LOANS , 

GRANTS , 

A. MAP GRANTS 

3. CREDIT FINANCING., 
C.INTL MIL. EO.TRNG. , 
D.TRAN-EXCESS STOCK, 
E. OTHER GRANTS 



III. TOTAL ECON. 

LOANS 

GRANTS.... 



MIL, 



1.6 


0.6 


0.8 


0.0 


0.0 


0.0 


1.6 


0.6 


0.8 


0.8 


0.4 


0.8 


0.0 


0.0 


0.0 


0.3 


0.4 


0.8 


0.0 


0.0 


0.0 


0.3 


0.2 


0.0 


0.0 


0.0 


0.0 


0.8 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.8 


0.2 


0.0 


0.8 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


O.D 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


1.6 


0.6 


0.8 


0.0 


0.0 


0.0 


1 .6 


0.6 


0.8 



OTHER US LOANS. .. , 
EX-IM BANK LOANS, 
ALL OTHER , 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1984 1985 1986 



1946-86 



TOTAL 


3.3 


5.4 


0.0 


36.0 


I3R0 


0.0 


0.0 


0.0 


0.0 


IFC 


Q.O 


0.0 


0.0 


, 0.0 


lOA 


7.8 


0.0 


0.0 


32.8 


103 


3.0 


0.0 


0.0 


0.0 


AD3 


0.0 


0.0 


0.0 


0.0 


AF03 


0.0 


5.4 


0.0 


42.6 


uinp 


0.3 


0.0 


0.0 


10.1 


OHER-UN 


0.2 


0.0 


0.0 


0.5 


EEC 


0.0 


0.0 


0.0 


0.0 



75 



CONGO 



The People's Republic of the Congo is officially a 
Marxist-Leninist state and is governed by an elite group of 
party, cabinet, and military officials through the single legal 
party, the Congolese Labor Party (PCT) . In the past year, and 
particularly since Congolese President Denis Sassou-Nguesso 
became the President of the Organization of African Unity, 
there has been a tendency toward a more open society with 
expanded contacts with the West. In addition to serving as 
President of the Republic and Head of Government, Sassou is 
also president of the party. The President nominates the 
13-member political bureau, the key policy-making group, which 
is approved by the 75-member central committee. Within the 
central committee, members from the northern regions of the 
country are in the majority and hold the balance of power, even 
though they represent a minority of the population. The 
military and security services are also firmly under the 
control of the northerners, and they ultimately hold the key to 
power in the Congo. The need to maintain consensus among the 
political leaders representing traditionally conflicting areas 
provides a check on arbitrary policies. 

The security apparatus, which is under the direction of the 
presidency, is headed by the state security organization (DSGE) 
and is patterned after those in Eastern Europe. Its principal 
objective is to protect the State against possible dissident 
activity. There are also party core groups in all ministries, 
labor organizations, mass organizations, and urban districts 
(arrondissements) which monitor the activities of coworkers and 
neighbors. In addition to the DSGE, there are the regular 
police forces whose discipline is generally improving with 
continuing Eastern European and Cuban training. 

With its small population (1.9 million) and relatively high per 
capita income (about $1,200), the Congo is one of Africa's most 
prosperous countries. The economy is highly dependent on oil, 
which in past years has accounted for over 90 percent of 
exports. In 1982 the Congo began to implement an ambitious 
5-year investment plan, concentrated heavily on inf rastructural 
development, but by 1985 sharp reductions in oil revenues 
forced the Government to cut its budget in half and in 1986 to 
accept an International Monetary Fund adjustment program. 

The human rights situation in the Congo changed little in 
1986. Persons previously cited by Amnesty International as 
political prisoners were brought to trial in August on charges 
related to two acts of terrorism (bombings) dating from 1982. 
The trial was open to the public and virtually all of the 
proceedings were transmitted live on Congolese television. The 
defendants were convicted and sentenced to terms ranging from a 
5-year suspended sentence to death for the alleged leader. 
While not politically free, most Congolese go about their daily 
lives with a minimum of government or police interference. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reported cases of killing for political motives. 



76 

CONGO 

b. Disappearance 

There were no reported cases of disappearance for political 
motives. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

The practice of beating suspects at police stations and at 
state security centers in the course of interrogations is not 
uncommon. Neither is it uncommon for the public or the police 
to beat thieves who have been caught in the act of stealing. 

Political prisoners are held incommunicado, and it is 
reasonable to assume that torture is used to extract 
information desired by the police that is not freely given. 
Several political prisoners held incommunicado in the past have 
since been freed and are now leading normal lives with no 
apparent ill effects. Some have managed to regain their 
earlier status and are serving as government ministers. In 
1986 there were no confirmed reports of torture of political 
prisoners who were held incommunicado. However, during the 
bombing trial in August, one defendant alleged in court that he 
had been tortured while in detention, and another defendant 
retracted statements he claimed to have made under duress. 
Amnesty International's 1986 Report noted that some detainees 
held by the DSGE in 1985 had reportedly been subjected to mock 
executions and repeated severe beatings. On October 1, Amnesty 
repeated its expressions of concern regarding "continuing 
reports of torture" in the Congo. 

Prison conditions in general are poor, and there is a lack of 
adequate food, hygiene, and medical care. Both detainees and 
prisoners may be visited by family or friends who bear the 
responsibility for providing food, medicines, etc. 

d. Arbitrary Arrest, Detention, or Exile 

Whereas the Constitution guarantees protection against 
arbitrary indictment, arrest, and detention, in practice a 
warrant is not required to make arrests. There is a legal 
requirement that a detainee be brought before an investigating 
judge within 3 days of arrest. The judge may then order 
detention for a maximum period of 6 months after which the 
detainee must be charged or released. However, this law does 
not apply in cases involving the security of the State, and 
some political detainees have been held for long periods 
without trial. Persons detained for nonpolitical offenses are 
entitled to an attorney. Despite the Government's steps to 
increase the nvmiber of magistrates and to improve the 
processing of cases, the administrative processing of cases is 
slow, and persons awaiting trial are often detained for 
considerable periods, even in nonpolitical cases. There is no 
independent bar association. At the time of trial, the 
defendant has the right to a lawyer; all lawyers are under the 
general authority of the Government. In criminal cases, 
defense lawyers are provided by the Government for those 
without funds . 

Whether a detainee is formally charged usually depends upon the 
seriousness of the crime and the economic situation of the 
family. For lesser crimes, the person is usually taken to 
jail, where he may be beaten and held for a few days, then 
released on bail pending a trial, which may or may not ever 



77 



CONGO 

take place. A person accused of a serious crime (e.g., murder, 
rape) is held in prison until the trial, which may be months or 
even years later. 

There is no known forced labor in the Congo. 

e. Denial of Fair Public Trial 

The legal system is not insulated from political interference. 
The Constitution provides for a Supreme Court which is in 
practice an arm of the executive rather than an independent 
body. The amended Constitution also provides for 
nonprofessional judges to be elected to all courts below the 
Supreme Court. The stated purpose of this change was to 
"popularize justice", i.e., provide a role for tribal or 
regional peers to influence the formal judicial process. 
According to the law, any Congolese citizen may now become a 
judge but can adjudicate cases only in collaboration with 
trained judges. Each nomination must be approved by the party. 

By law, the right to a fair and public trial exists in all 
cases, and the judicial process is relatively fair and open for 
those accused of common crimes. Also, it is not uncommon to 
have a higher court reverse lower court decisions in 
nonpolitical cases. 

According to the Congolese Government, there are no political 
prisoners in the Congo. Ten persons cited by Amnesty 
International as political prisoners being held incommunicado 
in 1985 were tried in August 1986 and were convicted of crimes 
associated with two acts of terrorism (bombing) in mid-1982. 
Two of the defendants, Jean-Pierre Thystere-Tchicaya and 
Claude-Ernest Ndalla, were formerly senior government 
officials. The former received a 5-year suspended sentence, 
while the latter, who admitted having been in possession of 
illegal explosives, was sentenced to death. This death 
sentence had not been carried out by the end of 1986. The 
other defendants received sentences ranging from 10 to 20 years 
in prison. The trial was held in the Revolutionary Court, a 
special court with jurisdiction over political cases. There 
was no right of appeal. Virtually all of the proceedings of 
the trial were televised live. The attorneys for the 
defendants were quite vigorous and apparently competent in the 
defense of their clients. On several occasions, they publicly 
chided the Government for illegal practices, including torture 
and coercion, in its prosecution of the case. With the 
completion of the trial, there were no other known political 
detainees in Congo. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

There is little interference by the Government with privacy, 
family, home, or correspondence. Citizens are not forced to 
participate in the party or its organs. In general, so long as 
a person does not engage in any activity which involves or 
implies opposition to the Government, he is not oppressed or 
harassed. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Freedom of speech and press are restricted, despite guarantees 
in the Constitution. The State owns and controls the media 



78 



CONGO 

except for one weekly religious newspaper. The Government 
allows some domestic criticism of policies and programs judged 
not to be politically sensitive, but it does not allow its 
ultimate authority to be challenged publicly. Journalists may 
raise issues and concerns only within general guidelines laid 
down by the Government and the party. The Government/party is 
selective in the kinds of news and information it permits 
Congolese journalists to publish from various outside sources 
of information. Television viewers have access to Zairian 
media programs. A State censorship board reviews the content 
of newspapers, movies, books, and records. Publications are 
subject to censorship if they contain critical articles. For 
example, one issue of a church newspaper was seized and burned 
as a result of some mild criticism of the Third Party Congress, 
and a warning to the church was later published in the party's 
official organ. While the Government controls the local press, 
foreign journalists are generally permitted to travel freely 
once an entry visa and a special permit for travel to the 
interior are obtained. These are usually granted. 

b. Freedom of Peaceful Assembly and Association 

The right of peaceful assembly is limited by the State's 
perceived self-interest. Political meetings are permitted only 
for the party and its organizations. Government permission is 
not required for groups to assemble for religious and social 
purposes but is required for use of official facilities. 
Government authorization is also required to establish 
professional clubs and organizations, of which there are 
several . 

The labor code adopted in March 1975 is quite liberal in 
theory, and guarantees the right of association. However, 
given its past active political role, the labor movement is 
closely scrutinized and controlled by the Government and 
party. In practice, the party controls the unions, largely 
through the umbrella union, the Congolese Trade Union 
Confederation (CTUC), which is an appendage of the party. The 
party approves the national leadership of the CTUC. No group 
is allowed to form an independent, alternative union outside 
the party, which led to a complaint to the International Labor 
Organization (ILO) that the Congo was not observing the 
Convention on Freedom of Association (No. 87). The CTUC is 
represented in every ministry and state owned enterprise and 
serves on mandatory boards which include a union representative 
along with a member of the Government and the party. Known as 
the "determinant trilogy," this structure is responsible for 
ensuring that the three major points of view are represented in 
the decisionmaking process and serves as the Congo's form of 
collective bargaining. The CTUC unions are prohibited from 
striking, although wildcat strikes do occur with relative 
impunity. The local unions within the Confederation have been 
able in some instances to persuade the Government to provide 
workers with increased benefits. As long as political subjects 
are avoided, there is also a certain degree of democratic 
dialogue within the labor movement and with the Government. 
The CTUC maintains relations with recognized international 
organizations such as the ILO. 

c. Freedom of Religion 

Freedom of religion is guaranteed by law. In practice, party 
members are prohibited from practicing any religion. Religious 
organizations (churches, the Salvation Army, etc.) must obtain 



79 



CONGO 

the Government's permission to work in the Congo. Jehovah's 
Witnesses, for example, are not permitted in the Congo, 
allegedly because Witnesses do not recognize the authority of 
the State. With these exceptions, the party does not normally 
interfere in religious affairs. The Catholic Church, the 
largest congregation, maintains a seminary for the training of 
its clergy and has missions throughout the country. Masses are 
held in the various local languages as well as in French. The 
Catholic Church publishes the only independent newspaper. La 
Semaine Africaine. Catholic and other missionaries are active 
in running private missions and clinics and provide other 
social services. While some of these services are joint 
ventures between church and government, many of the services 
formerly provided by churches have been abolished. The 
Government is officially atheist. Christmas Day is called 
Children's Day. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

The Government exercises limited control over the internal 
movement of its citizens through identification card checks. 
There are control points in Brazzaville manned by soldiers who 
occasionally open fire on people who fail to follow their 
instructions or who inadvertently drive into restricted zones 
at night. Congolese citizens who wish to travel abroad require 
exit authorization from the Office of State Security. For most 
citizens this is a fairly routine process. However, those who 
are suspected of traveling for political motives encounter 
obstacles in obtaining such authorization. Government 
employees traveling abroad must obtain permission from the 
appropriate government office. Passports must be returned to 
the Office of State Security after the traveler's return from 
abroad . 

The Government exercises tight control over travel by 
foreigners in the Congo. Most visas are for one entry only, 
exit visas are required for nondiplomats , and those desiring to 
travel into the interior must obtain permission from the 
appropriate ministry. 

There have been no known instances of Congolese being refused 
the right to return to their country. Citizenship may be lost 
under conditions established in the nationality code. For 
example, citizenship may be lost by taking citizenship in 
another country or for conviction of espionage. There are no 
known cases of a native-born Congolese being denied citizenship 
as a punishment. 

The Congo is the home of about 1,200 exiles and refugees, 
mostly from surrounding central African states. While refugees 
are subject to surveillance and occasional harassment by the 
Government, there were no cases of forcible repatriation in 
1986. The Congo is a signatory to the U.N. Convention and 
Protocol Relating to the Status of Refugees, and a 
representative of the United Nations High Commissioner for 
Refugees is resident in Brazzaville. Amnesty International has 
expressed concern over the 1985 detention without trial of 
several Zairian asylum-seekers, including Antoine Gizenga, a 
former Deputy Prime Minister of Zaire. 



80 



CONGO 

Section 3 Respect for Political Rights: the Right of Citizens 
to Change Their Government 

While the President is the most powerful single person in the 
Government, his authority is limited by his need to maintain a 
consensus in the political bureau of the party. The balance of 
power in the political bureau and in the larger central 
committee is held by northerners to the detriment of the far 
more numerous southerners. Military officers occupy key 
positions among the ruling group and help ensure its 
continuation in power. 

The Congolese people do not have the right to change their 
Government through democratic processes. Opportunities for 
political involvement by Congolese citizens are limited to the 
Congolese Labor Party, including its "mass" organizations, and 
to participation in the national, regional, and local 
assemblies. No other political parties are permitted to 
operate. Party membership, which numbers approximately 8,700 
out of a total population of almost 2 million, is highly 
controlled and membership is awarded on the basis of loyalty 
and political performance. 

While the Third Party Congress in 1984 declared the National 
Assembly the supreme organ of state, its powers are in fact 
limited. The national, regional, and local assemblies are 
"elected" from single-party approved lists. Such lists present 
only one candidate for each position to be filled. However, the 
candidate selection process can involve a certain amount of 
give and take, and incumbents have been turned out of office in 
the process. Representatives of the National Assembly are 
chosen from all walks of life, including from traditional 
leaders, small farmers, and workers. The Assembly has some 
impact on social and economic issues, and assemblies at the 
local and regional levels may discuss issues before the 
decisions are made at the national level. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

There are no human rights organizations in the Congo. Amnesty 
International was permitted to send observers to the 1986 
bombing trial . 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Under the Constitution there is no official discrimination 
based on race, sex, religion, language, or social status. As 
noted, northerners carry disproportionate influence in the 
political and security organs. Women have the same rights as 
men in the private, political, and social domains. There is a 
large disparity in practice, however, between salaries for men 
and women, and women are relegated to a secondary role in the 
modern sectors of society. In traditional society, women are 
often the chief decisionmakers. Five women are members of the 
party's 75-member central committee, and one is Minister of 
Basic Education and Literacy, the only woman in the 27-member 
Cabinet. This latter position is important as the Congo 
historically has stressed the importance of literacy and 
devotes almost a third of its budget to education. 



81 



CONGO 



CONDITIONS OF LABOR 

Revenues from oil production allow the Governnient to employ 
large numbers of Congolese for various governnient organizations 
including state corporations. Working conditions for Congolese 
in the modern sector are generally good. These include a 
minimum working age of 16, a maximum 40-hour workweek, at least 
1 day of rest per week, family benefits, and medical aid. 
However, there is no social security, and the minimum hourly 
wage is $0.34 for city employees and $0.29 for agricultural 
workers. Domestic workers must be paid at least $60 monthly. 
There is a code of occupational safety and health, although it 
is probably not enforced. While many Congolese have a 
generally high standard of working conditions and social 
benefits, most of the population is still engaged in 
subsistence farming. 



82 



U.S.OVERSeaS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRy: CONGOx REP. OF 



1 984 



1985 



1986 



I.ECON. 
LO 
GR 
A. AID 
LO 
GR 
(SEC 
iJ.FOOO 
LO 
GR 
TITLE 
REPAY 
»AY. 
TITLE 
E.REL 
VDL.R 
C.OTHE 
LO 
GR 



ASSIST. -TOTAL, 

ANS. 

ANTS 



ANS 

ANTS 

.SUPP. ASSIST.) ... 

FOR PEACE 

ANS 

ANTS 

I-TOTAL 

. IN S-LOANS 

IN FOR. CURR 

II-TCTAL 

lEF.EC.DEV i WFP, 

ELIEF AGENCr 

R ECON. ASSIST... 

ANS 

ANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST. -TOTAL 

LOANS , 

GRANTS , 

A. MAP GRANTS 

3. CREDIT FINANCING., 
C.INTL MIL. EO.TRNG. , 
D.TRAN-EXCESS STOCK, 
E. OTHER GRANTS , 



III. TOTAL ECON. 3 MIL. 

LOANS 

GRANTS , 



1.0 


1.4 


0.7 


0.0 


0.0 


0.0 


1.0 


1.4 


0.7 


1.3 


1.2 


3.7 


0.0 


3.0 


0.0 


1.0 


1.2 


0.7 


0.0 


0.0 


0.0 


O.D 


3.2 


0.0 


0.0 


3.0 


0.0 


0.0 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.2 


0.0 


0.0 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


0.0 


o-.o 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


0.0 


0.0 


0.0 


0.0 


1.0 


1 .4 


0.7 


0.0 


3.0 


0.0 


1.0 


1.4 


0.7 



OTHER US LOANS..., 
EX-IM BANK LOANS. 
ALL OTHER 



33.8 

33.3 

0.0 



12.1 

12.1 

0.0 



0.0 

0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1935 1936 



1946-86 



TOTAL 


7.3 


3.2 


26.8 


366.8 


ISRO 


0.0 


0.0 


o'.o 


111.7 


IFC 


1.5 


0.0 


2.7 


7.9 


IDA 


0.0 


0.0 


0.0 


74.0 


ID3 


0.0 


0.0 


0.0 


0.0 


AD3 


0.0 


0.0 


0.0 


0.0 


ArOB 


3.0 


2.3 


0.0 


36.0 


UNDP 


1.8 


0.9 


0.0 


27.0 


OTHER-UN 


3.0 


0.0 


0.0 


2.5 


ee: 


i.O 


0.0 


24.1 


107.7 



83 



COTE D'lVOIRE 



Cote d'lvoire, a former French colony which gained independence 
through a peaceful transfer of power in 1960, is a one-party 
state with a civilian government. Power is concentrated in 
the Democratic Party of Cote d'lvoire (PCDI) and its long-time 
leader. President Felix Houphouet-Boigny, now 81 years old. 
Although the freedom to form other parties is guaranteed by 
the Constitution, in practice no other party has been allowed 
to participate in the political process. More open discussion 
of government policies has been permitted since the country's 
first competitive elections in 1980 for PCDI, municipal, and 
legislative positions. Membership in the party organs, the 
number of municipalities which have elected leadership, and 
the representation in the National Assembly have all steadily 
expanded in the last 26 years to reflect the growth and 
diversity of the Ivorian population. However, the unicameral 
National Assembly has never publicly challenged a policy put 
forth by the executive branch. 

The Ministry of Internal Security includes the Surete National 
and the Gendarmerie, the national police service structured 
along French lines. The Surete has an arm tasked with 
intelligence gathering and counterespionage responsibilities. 
The Gendarmerie is responsible for territorial security, 
especially in the rural areas. 

Cote d'lvoire has enjoyed considerable economic development 
since independence, but poverty still prevails in much of the 
country. The Ivorian economy is market-oriented and open to 
foreign investment. During the 1980s Cote d'lvoire has been 
squeezed by a heavy debt burden and flat prices for its exports 
on world markets. In response, the Government introduced 
austerity measures to offset reduced revenues. Gross domestic 
product rose by 4 . 7 percent in real terms in 1985. 

The human rights situation in Cote d'lvoire remained generally 
satisfactory. The President continued to advocate "dialog" in 
settling disputes, generally seeking to involve dissenters in 
the operation of the one-party structure rather than to isolate 
them. There are no known political prisoners, and there have 
been no known executions of political opponents. Detainees, 
especially non-Ivorian Africans, are routinely treated roughly 
by the Surete National and the Gendarmerie upon arrest. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There have never been reports of officially sanctioned 
political killings. 

b. Disappearance 

There were no reports of officially sanctioned abduction or 
disappearance . 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

The Ivorian penal code prohibits official violence without 
legitimate justification. The code does not, however, 
specifically mention or prohibit torture nor does it define 



84 



COTE D' IVOIRE 

what constitutes "legitimate justification" or the level of 
violence officials may use if "justified". There were no 
reports of torture during 1986, and systematic cruel, inhuman, 
or degrading treatment of persons or prison inmates is not 
thought to occur. Foreign Africans are treated more roughly 
by police on arrest than are Ivorians. Prisoners are allowed 
visits from attorneys of their choice and from family members, 
who must provide food to supplement the sparse prison diet. 
Prisons are crowded and conditions are poor. Sanitation and 
medical facilities are minimal. 

d. Arbitrary Arrest, Detention, or Exile 

The Ivorian Constitution and pertinent statutes prohibit 
arbitrary arrest or imprisonment. However, the Government has 
occasionally detained persons considered a threat to internal 
security. It also takes firm nonviolent measures against acts 
it considers threats to internal security. The Government has 
used the threat of forced conscription to discourage student 
involvement in antigovernment activities. Some prominent 
critics of the Government have chosen to live and write 
elsewhere; on the other hand, political exiles from a number 
of countries have found Cote d'lvoire a hospitable safehaven. 

Under the Ivorian penal code, a public prosecutor can order 
the detention of a suspect for up to 48 hours without bringing 
charges. The code dictates that further detention must be 
ordered by a magistrate who can authorize periods of up to 4 
months but must provide the Minister of Justice, on a monthly 
basis, with a written justification for continued detention. 
There have been no reports that officials failed to adhere to 
these legal guidelines. 

There is no forced labor in Cote d'lvoire. 

e. Denial of Fair Public Trial 

Ivorian law establishes the right to a fair public trial. This 
provision is generally respected in urban areas. In rural 
areas, justice is often administered at the village level 
through traditional institutions. These are increasingly 
superceded by the formal judicial system and are increasingly 
confined to purely local questions such as domestic disputes, 
minor land questions and family law. Dispute resolution is by 
extended debate, with no known resort to physical or similar 
punishment. There is general agreement that the judicial 
system is independent of the executive m practice as well 
under the Constitution's separation of powers. Defendants 
accused of felonies or capital crimes have the right to legal 
counsel, and the judicial system provides for court-appointed 
attorneys for indigent defendants. In practice, however, such 
attorneys are not readily available. The Court of Appeals 
reviews verdicts of civilian courts. Civilians are not tried 
by military courts. There are no appellate courts within the 
military justice system. Persons convicted by a military 
tribunal occasionally request the Supreme Court to set aside 
the tribunal's verdict and order a retrial. 

Cote d'lvoire marked its 25th anniversary of independence on 
Decertiber 7, 1985, by releasing 9,500 of its 13,000 convicted 
prisoners. Prisoners involved in violent crimes and armed 
robbery were reportedly not included in the amnesty. 



85 



COTE D ' IVOIRE 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

With a few exceptions, all Ivorian citizens are considered to 
be members of the PDCI . Party regulations call for active 
participation in party activities and payment of dues; however, 
these regulations are not strictly enforced. Ivorians who 
choose not to participate do not suffer retaliation. It is not 
known what percentage of the population actively participates 
in the party. The code of penal procedures specifies that a 
police official or investigative magistrate may conduct 
searches of homes without a warrant if there is reason to 
believe there is evidence concerning a crime on the premises. 
The official must have the prosecutor's agreement to retain 
any objects seized in the search. He is required to have 
witnesses to the search, which may not take place between the 
hours of 9 p.m. and 4 a.m. Legal safeguards against arbitrary 
searches are generally respected in urban areas but are 
sometimes ignored in the countryside. 

In the past there have been scattered reports of forced entry 
or other violations of the home, specifically involving 
foreign Africans. There is no evidence that correspondence 
and telephone conversations have been monitored. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

There is a limited range of free expression in Cote d'lvoire. 
Critics of the Government feel free to, and do, express 
themselves in informal situations without fear of reprisal. 
Public criticism of basic government policies, the party, or 
the President, however, rarely occurs. Limits — such as the 
cancelation of gatherings — are occasionally placed on the 
expression of controversial views in public forums. As a 
result of 1982 student disorders, only apolitical gatherings 
are now permitted on campus, but students still speak freely 
about politics in informal situations. 

The country has one privately owned daily newspaper; its 
editorial opinion follows the policies of the PCDI . The one 
weekly newsmagazine is controlled by the party. The 
publishing of additional nongovernment publications is not 
prohibited. The Ministry of Information, Culture, Youth and 
Sports operates radio, television, and a wire service. 
Government policy assigns the media a positive role in 
promoting national unity and development. It allows criticism 
of failures to execute policy but not criticism of the 
policies themselves. Investigative journalism is permitted 
except with respect to the Government and its policies. The 
Government has occasionally banned a critical publication, 
such as Islam and Cote d'lvoire. Foreign publications are 
readily available, but occasionally issues which are 
particularly critical of the Ivorian Government, the party, or 
the President are seized. In July 1986, the Government 
brought to the French Government's attention its displeasure 
with two Paris publications which were critical of the Ivorian 
leadership. 

b. Freedom of Peaceful Assembly and Association 

Freedom of assembly is generally respected, except when the 
Government perceives a significant and immediate danger to 
public order. In such infrequent cases, the Government 



86 



COTE D ' IVOIRE 

prohibits meetings and arrests persons who disregard its 
orders, as for example in 1985 when students staged public 
demonstrations to protest against a drop in scholarship aid. 
The vast majority of those arrested were released shortly 
thereafter. There is no history or tradition of assembly for 
purely political purposes outside the established party 
structure . 

The majority of unions are organized and directed by a 
government-sponsored union confederation, the General Union of 
Cote d'lvoire Workers (UGTCI) , the leader of which occupies a 
senior position in the party hierarchy. Union membership is 
encouraged but not mandatory. The UGTCI is a relatively 
passive coordination mechanism rather than an active force for 
workers' rights. The UGTCI secretariat, however, often plays 
a mediation/conciliation role in relations between labor and 
management in individual businesses. The UGTCI also has 
representatives in every major business enterprise. 
Collective bargaining within each company takes place under 
its leadership 

The right to strike exists under statute, but in practice 
strikes are rarely authorized by the UGTCI. The 1983 secondary 
teachers' strike was broken by a presidential decree ordering 
teachers back to the classrooms and threatening them with 
fines and prison sentences for noncompliance. Generally, the 
Government negotiates with strikers and resolves at least some 
of their economic grievances. There have been no reports that 
professional groups have experienced persecution or harassment. 
The Government, however, attempts to bring such groups under 
its wing or that of the party so as to exercise control over 
their activities. Unions, trade associations, and professional 
bodies are permitted to maintain relations with recognized 
international professional bodies in their fields. The UGTCI 
is a member of the continent-wide Organization of African Trade 
Union Unity. Cote d'lvoire is a member-state of the 
International Labor Organization (ILO), and the UGTCI 
participates in the Ivorian delegations to ILO conferences and 
events . 

c. Freedom of Religion 

There are no known impediments to religious expression. There 
is no dominant religion, and no particular faith is favored by 
the Government. The open practice of religion is permitted, 
and there are no restrictions on religious ceremonies or 
teaching. The most lucrative government and private sector 
jobs seem to be concentrated among the minority Muslim 
(25 percent) and Christian (15 percent) populations, a 
phenomenon attributable more to urbanization and access to 
education than to a systematic pattern of discrimination. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

The Ivorian Government exercises minimal control over domestic 
travel, but internal roadblocks for identity checks are 
common. Ivorians can travel abroad freely and can emigrate 
without discrimination. Ivorians have the right of voluntary 
repatriation. There are no known cases of revocation of 
citizenship. 

Cote d'lvoire's refugee and asylum practices are liberal. The 
country has resettled or granted safehaven to Angolans, 
Burkinabe, Eritreans, Ghanaians, Guineans, Liber ians, and 



87 



COTE D' IVOIRE 

Vietnamese. While in Cote d'lvoire, they receive 1-year 
renewable resident visas for their first 5 years in the 
country, after which they may apply for permanent residence. 
Cote d'lvoire does not take any significant responsibility for 
the economic and social welfare of refugees, which becomes the 
concern of private and international organizations. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Political participation is limited to the PDCI which is headed 
by President Houphouet-Boigny . No opposition groups exist 
openly, and their formation is discouraged. Within the party, 
the President operates through a 10-member executive committee, 
a 58-member political bureau, and a 206-member steering 
committee. Political power is concentrated in the President's 
hands, and most important decisions are made by the President 
himself. Though legally empowered to do so, the National 
Assembly does not initiate legislation but only acts to confirm 
legislative initiatives received from the President. It has 
not publicly challenged a single government policy or 
initiative to date. 

Within this strictly observed one-party system, the Ivorian 
Government continues to encourage more open participation in 
the political process by expanding the size of the party 
institutions and by permitting party member to contest 
legislative, municipal, and local party elections. In the 
case of the 1985 legislative elections, approximately 
577 individuals ran for the 175-seat National Assembly. Beyond 
the injunction to possess good character and certain age 
restrictions, the 1985 elections were open to virtually all 
would-be contestants. The party played no role in choosing 
candidates or administering the elections. Intense competition 
took place in all three elections and all citizens were 
eligible to vote. Many incumbents were defeated. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government has been cooperative toward inquiries into its 
human rights situation, the last of which occurred in 1981. 
Cote d'lvoire has a local chapter of Amnesty International. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

There is no apparent discrimination based on race, sex, 
religion, language or social status. All religions are 
represented at top levels of government and throughout society. 
Although French is the official language and the language of 
instruction, radio and television broadcasts are provided in 
major local languages. Social and economic mobility are not 
limited by policy or custom. 

Although males clearly play the preponderant role overall, 
some Ivorian traditional societies accord women considerable 
political and economic power. Nonetheless, in rural areas 
tribal customs dictate the division of menial tasks, which are 
performed mostly by women. Female circumcision continues to 
be practiced among elements of the Ivorian population, although 
it is rare in urban populations. Official party policy is to 
encourage full participation by women in social, economic, and 
political life. The role of women has recently won somewhat 



66-986 0-87-4 



88 



COTE D' IVOIRE 

greater prominence. In July 1986, the President appointed a 
new Minister for Women's Affairs, a cabinet-level position 
first created in 1976 but which had been vacant for almost 
2 years. Women remain lightly represented at the higher levels 
of government and the party. Ten women are deputies in the 
175-seat National Assembly and 28 women are members of the 
202-member Steering Committee of the PDCI . Non-Ivorian 
Africans living in the Cote d'lvoire are estimated at over 
2 million, half of whom are from Burkina Faso and the rest 
from other nearby countries. These foreign workers play an 
important role in the Ivorian economy, especially in 
agriculture. The Government's policy of Ivorianization 
requires that all positions be offered to Ivorians before 
foreigners; this prevents foreign Africans from obtaining most 
of the higher paying wage and salary jobs in the modern sector. 
There were no riots in 1986 directed against non-Ivorian 
Africans as had occurred occasionally in the recent past. 

CONDITIONS OF LABOR 

Cote d'lvoire is a signatory to and seeks to abide by the U.N. 
conventions on workers' rights and conditions of employment. 
Minimum wage levels and a minimum working age of 16 years of 
age have been established by the Government. The Government 
enforces a comprehensive work code of law. Code du Travail, 
governing the terms and conditions of service for salaried 
workers and providing for occupational safety and health 
standards. Extensive safeguards protect those employed in the 
modern sector against unjust compensation, excessive hours, 
and capricious discharge from employment. Month-long paid 
vacations and a substantial severance pay are guaranteed. 
Government medical insurance and retirement programs provide 
an element of income security for salaried employees in the 
modern sector. Urban workers in the informal sector and rural 
workers find conditions quite different, and occupational 
regulations may be underenf orced. 



89 



U.S.OVERS£&S -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COUNTRY: IVORY COAST (COTE D'lVOIRE) 

1934 



1935 



1936 



I.ECON. ASSIST. -TOTAL. . . 

LOANS 

GRANTS 

A. AID 

LOAMS 

GRANTS 

(SEC. SUPP. ASSIST.) .. . 

£J. FOOD FOR PEACE 

LOANS 

GRANTS 

TITLE I-TOTAL 

REPAY. IN $-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAL 

E. RELIEF. EC. DEV J WFP. 

VOL. RELIEF AGENCY 

C. OTHER ECON. ASSIST... 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



-TOTAL, 



II.MIL. ASSIST, 

LOANS , 

GRANTS , 

A. MAP GRANTS 

3. CREDIT FINANCING., 
C.INTL MIL.EO.TRNG. , 
D.ThAN-EXCESS STOCK 
E. OTHER GRANTS , 



III. TOTAL ECON. I MIL, 

LOANS , 

GRANTS 



0.0 


1.6 


1.7 


0.0 


0.0 


0.0 


0.0 


1.6 


1.7 


0.0 


1.6 


1.7 


0.0 


0.0 


0.0 


o.a 


1 .6 


1.7 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


O.D 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.3 


0.0 


0.0 


0.2 


0.2 


0.1 


0.0 


0.0 


0.0 


0.2 


0.2 


0.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.2 


0.2 


0.1 


0.0 


0.0 


D.O 


O.D 


0.0 


0.0 


0.2 


1.S 


1.8 


0.0 


0.0 


CO 


0.2 


1.3 


1.8 



OTHER US LOANS.... 
EX-IM BANK LOANS. 
ALL OTHER , 



0.0 
0.0 

0.0 



0.0 
0.0 

0.0 



D.O 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1935 1986 



1946-86 



TOTAL , 


275.9 


213.3 


374.7 


2302.1 


IBRD 


25D.7 


141.3 


34D.1 


1308.2 


IFC 


1.3 


2.6 


12.6 


31.3 


IDH 


0.0 


0.0 


0.0 


7.5 


ID3 


D.O 


O.D 


0.0 


5.0 


A03 


0.0 


0.0 


0.0 


0.0 


AFOa 


19.8 


59.3 


0.0 


95.0 


UNDP 


4.1 


0.3 


' 0.0 


39.6 


OTHER-UN 


0.0 


2.0 


0.0 


9.6 


EEC 


0.0 


12.6 


22.0 


310.9 



90 



DJIBOUTI 



Djibouti, a small, resource-poor nation located at the 
southern end of the Red Sea, is a constitutional republic with 
a one-party system. It has been led by President Hassan 
Gouled Aptidon since it gained independence from France in 
1977. By an unwritten arrangement, the President is a member 
of the politically dominant ethnic Somalis (Issa) while, as 
part of the political balancing act, the Prime Minister, 
chosen by the President, is from the substantial minority 
Afar. There is also a sizable Arab community, mainly Yemenis, 
who have a prominent role in commerce. Cabinet positions are 
divided among the two dominant groups, but in reality the 
Issas control the civil service and the armed forces. 
Presidential elections are held every 6 years, and are next 
scheduled for June 1987. Djibouti has a 65-member elected 
National Assembly. Since 1981, there has been a single 
political party, the Rassemblement Populaire pour le Progres 
(RPP) . The last legitimately constituted alternative party, 
the Afar-inspired Mouvement Populaire Djiboutien (MPD), was 
outlawed in 1981 following public violence. 

Djibouti's armed forces consist of a small army supplemented 
by an even smaller navy and air wing. Located between two 
relatively giant neighbors on the Horn of Africa — both of 
which have tribal affinities with an irredentist claim — the 
country has a vital, additional layer of security in the form 
of a 1977 mutual defense agreement with France which ensures 
the continued presence of close to 3,800 French troops. 

Djibouti's economy rests on the activities of a large foreign 
expatriate community (over 10,000), the maritime and 
commercial activities of the Port of Djibouti, the airport, 
and the operation of the Addis Ababa-Djibouti railroad. 
Recent economic stagnation has been compounded by the 
continuous influx, since the Ogaden War (1977-79), of 
refugees, economic migrants, and victims of drought and famine 
from Ethiopia and Somalia. Notwithstanding the assistance of 
the United Nations High Commissioner for Refugees (UNHCR) and 
other relief agencies, these large movements of peoples 
clearly have placed a heavy burden on the Djiboutian economy. 

There was little real change in the human rights situation in 
Djibouti in 1986. Despite tightening one-party rule, the 
openness of the society creates an atmosphere in which most 
citizens feel free to pursue their livelihood without fear of 
government interference. Free enterprise is encouraged in 
Djibouti's service-oriented economy, and the right of private 
property and freedom of movement are generally respected. The 
legal system is still in its formative stages. On any topic 
not yet covered by Djiboutian legislation, the Napoleonic 
Code, initiated during the French colonial period, and, to an 
extent, Shari'a generally applies. Women play a secondary 
role in public life. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

• a. Political Killing 

There is no conclusive evidence to substantiate the occasional 
allegation or rumor of government-inspired political killing. 



91 

DJIBOUTI 

b. Disappearance 

There were no allegations of disappearance of persons for 
political causes. 

c- Torture and Cruel, Inhuman, and Degrading Treatment 
or Punishment 

In the ethnically polarized environment of Djibouti, there are 
occasional allegations of cruel, inhuman, or degrading 
treatment or punishment. For example. Amnesty International's 
1985 Report (covering 1984) mentioned one charge from 1983 and 
expressed concern over the alleged torture of nine persons 
suspected of belonging to the outlawed MPD. In 1985 and 1986, 
there were no substantiated cases of such injustice. However, 
in September 1986, a former political leader in exile, with 
self-avowed political aspirations, circulated such charges. 

d. Arbitrary Arrest, Detention, or Exile 

The current system of justice is a mixture of French and 
Islamic law. This mixture results in a hybrid legal system, 
based mainly on the French penal code and partly derived from 
Issa tribal common law. On March 19, 1985, the Government 
issued a new decree limiting detention of all persons without 
charge to 48 hours. Within this period, the individual must 
be charged by the examining magistrate. Moreover, the 
prisoner is entitled to legal counsel and must be so 
informed. Although bail and personal recognizance are 
provided for, a judge may choose to hold without bail any 
prisoner against whom charges have been filed. Prosecutors 
are required to, and generally do file charges expeditiously. 
Prison conditions are barely adequate. Family members and 
counsel are permitted access to prisoners, and public health 
and medical services supervise health conditions in a 
generally competent manner. 

There is no forced labor in Djibouti. 

e. Denial of Fair Public Trial 

Both the State Security Court, established to deal with crimes 
against the security of the state, and ordinary civil and 
criminal courts permit family members and counsel, though not 
the general public, to attend trials. The judiciary has 
remained largely independent of military and executive 
pressures . 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Decree Law No. 8 of June 1980 states that government 
authorities "may not enter or remain in the domicile of a 
private individual without his consent and without a legal 
order," except, among other circumstances, when it is 
necessary to facilitate the prosecution of persons accused of 
crimes and when the public order is seriously disturbed. 
There are occasional reports of noncompliance with this 
statute . 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

All Djiboutian media are government owned and support the 



92 



DJIBOUTI 

Government and its policies. Radio/Television Djibouti (RTD) 
claims to receive only limited guidance from senior political 
levels on handling the news it presents to the public. There 
is occasional criticism of the shortcomings of local 
institutions, including some involving key political and 
religious figures, and of corrupt and inefficient practices in 
the bureaucracy, but not of the Government itself. There are 
occasional confiscations of foreign publications which contain 
commentary critical of the Government. The media usually do 
not carry stories which feature violence, crime, or ethnic 
disturbances . 

b. Freedom of Peaceful Assembly and Association 

Public meetings require a permit which may be denied for 
security reasons. The Government permits free association 
outside the political realm, and there are several independent 
social, religious, cultural, and commercial organizations. 

The right of labor to organize and strike exists, but only a 
small portion of the work force is unionized. Moreover, the 
Government has organized the single national labor federation, 
the Union Generale de Travailleurs Djiboutiens (UGTD) , and 
keeps it under its control and, through it, also controls the 
individual unions. Employees are not obliged to join any 
union. The unions freely maintain relations with recognized 
international bodies in their fields. Temporary stoppages, 
usually protesting working conditions or dismissals, sometimes 
occur. Most large enterprises have affiliates of the UGTD. 

c. Freedom of Religion 

Over 96 percent of the population is Muslim, but freedom of 

religious practice, publication, and association with 

coreligionists outside the country is unfettered for all 
religions . 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Djiboutians travel freely within and outside their country. 
Passports are generally available to all citizens. There are 
no currency exchange controls. 

Djibouti has had a steady inflow of refugees, economic 
migrants, and famine victims in the past decade. In addition 
to approximately 16,000-18,000 refugees registered with the 
UNHCR, there are unknown numbers (estimates run from 2,000 to 
6,000) of illegal immigrants eking out an existence on the 
margins of the Djiboutian economy. Most of the refugees have 
received assistance from the international community in the 
refugee camp of Dikhil. Several thousand more have 
spontaneously settled in the capital city. Refugees in the 
camps are restricted to them and are not able to move freely. 

The Government has taken an increasingly firm stand in 
returning Ethiopians who do not qualify for refugee status. 
On July 29, 1986, Djibouti, Ethiopia, and the UNHCR decided to 
resume, as of September 1, 1986, the large-scale repatriation 
program halted on December 31, 1984, because of the drought. 
According to the UNHCR, by December 1984 a total of 32,859 
Ethiopians had been repatriated to Ethiopia, of whom 14,281 
had returned to Ethiopia in UNHCR-organized rail moves, and 
19,578 had returned on their own. Djiboutian police caught 12 



93 



DJIBOUTI 

Ethiopians in a January 1986 sweep near the Dikhil refugee 
camp and returned them to Ethiopia. Persons wishing to return 
voluntarily to Ethiopia may sign up at any one of three 
centers. All remaining card-carrying refugees must submit to 
a case-by-case reexamination of their situation, in principle 
by December 31, 1986. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Djibouti is a one-party state whose leaders and candidates for 
Parliament are chosen by the leadership of the party, the 
Rassemblement Populaire pour le Progres (RPP) . While citizens 
are encouraged to become involved in politics and to vote, the 
party leadership, through a 14-member political bureau, 
carefully controls and directs all political activity and in 
1982 selected the single slate of candidates for the National 
Assembly elections. There is thus no democratic means for 
citizens of Djibouti to change their government, but there is 
active competition within the party lists. The one-party 
system was instituted in 1981, and the Government subseguently 
detained leaders of the previous opposition party and 
dissidents allegedly attempting to encourage ethnic strife. 

Traditionally, representatives of most if not all of the 
nation's ethnic groups are included in the ruling Cabinet. 
However, some Afars complain that the country is run by and 
for the Issas, who dominate the Government, the armed forces, 
and the single party. Others complain that tribal and ethnic 
considerations inhibit appointment of competent administrators. 

In 1986 Aden Robleh Awaleh, an historical leader in the 
struggle for independence, was expelled from the party for 
activities considered prejudicial to the RPP. He fled the 
country and has since been tried and sentenced "in absentia" 
to life imprisonment for the bombing of RPP party headquarters 
in Djibouti in January and for recruiting supporters for 
criminal activity. In September he announced plans for the 
creation of an opposition party in exile. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

On at least six occasions since independence, there have been 
foreign press and other reports alleging human rights 
violations by the Government. The Government has generally 
responded to such charges either by denying them or by 
permitting an investigation, as by the UNHCR and Amnesty 
International in 1981. In July 1986, Djibouti became the 16th 
African state to ratify the Human Rights Charter of the 
Organization of African Unity. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Women in Djibouti enjoy a higher public status than in some 
other Islamic countries, but women's rights and family 
planning are not high priorities. There are no women in 
senior government or party positions. Nomadic traditions 
involving female genital mutilation (particularly excision and 
inf ibulation) are quite prevalent in Djibouti. The President 
has recognized the key role of women in the small-trade 
sector, and there is an active, local women's organization. 



94 



DJIBOUTI 

CONDITIONS OF LABOR 

The level of unemployment has been high since independence. 
In 1980 the International Monetary Fund reported that over 50 
percent of job seekers could not find work. In 1982 
unemployment was estimated at 4 5 percent and underemployment 
at 33 percent of the work force. Since 1983 several factors 
have exacerbated this trend: the high population growth rate, 
now estimated at 3 . 1 percent; the influx of refugees and 
displaced persons; and the decline in French assistance and 
spending. Some estimates of overall unemployment for 1986 run 
in excess of 70 percent. 

To combat the high unemployment rate, the Government has 
adopted a labor policy that strongly favors the employment of 
nationals (expatriate labor accounts for about 20 percent of 
the formal sector and better paid jobs). Extensive labor 
regulations inherited from France (the 1952 labor code) 
continue to govern dismissal of employees, who may — and 
frequently do — seek administrative recourse against their 
former employers. Given Djibouti's serious unemployment 
problems and shortage of skilled workers, those who are 
fortunate enough to have jobs are paid surprisingly well. The 
country's average per capita income is well above that of its 
neighbors. Djibouti's nominal minimum wage is about $100 per 
month, but a carpenter or mason will earn six times as much, 
and a maid gets at least double. Social security, medical 
care, and retirement systems also exist in the formal sector. 
Employers normally contribute an amount equal to 18 percent of 
each employee's salary to the Government's generous pension 
and medical insurance programs. Retirement is normally at 80 
percent of salary after 15 years of employment with a minimum 
age of 50. The legal minimum age for employment is 18, and 
the standard of a 40-hour workweek is observed. However, as 
with other African countries, the informal sector (including 
many young children who wash cars, sell cigarettes, and shine 
shoes) is flourishing. 



95 



U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COUNTRY: DJISOUTIx DEMOCRATIC REPUBLIC OF 

1934 1935 



1986 



I.HCON. ASSIST. -TOTAL. . , 

LOANS 

GRANTS , 

A. AID 

LOANS 

GRANTS , 

(SEC. SUPP. ASSIST.) ... 

B.FOOO FO^ PEACE 

LOANS. , 

GRANTS 

TITLE I-TOTAL 

;?EPAY. I?J $-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAL , 

E. RELIEF. EC.DEV I WFP, 

VOL. RELIEF A3ENCY 

C. OTHER ECON. ASSIST.., 

LOANS , 

GRANTS 

PEa:E CORPS 

NARCOTICS 

OTHER. . , 



I1.MIL. ASSIST. -TOTAL, 

LOANS 

GRANTS , 

A. MAP GRANTS 

3. CREDIT FINANCING.. 

:.INTL MIL. ED.TRN5. . 

D.TRAN-EXCESS STOCK, 

E. OTHER GRANTS , 



III. TOTAL ECON. 

LOANS 

GRANTS. . . . 



MIL, 



U.l 


5.2 


3.4 


0.0 


0.0 


0.0 


4.3 


5.2 


3.4 


3.0 


3.7 


3.4 


0.0 


0.0 


0.0 


3.0 


3.7 


3.4 


3.0 


3.5 


3.4 


1.3 


1.5 


0.0 


0.0 


0.0 


0.0 


1.3 


1.5 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


1 .3 


1.5 


0.0 


0.0 


0.0 


0.0 


1.3 


1.5 


0.0 


0.0 


0.0 


0.0 


0.0 


D.O 


0.0 


0.0 


0.0 


0.0 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


p. 3 


0.0 


0.0 


2.1 


2.6 


2.0 


0.0 


0.0 


0.0 


2.1 


2 6 


2.0 


2.0 


2.5 


1.9 


0.3 


3.0 


0.0 


0.1 


3.1 


0.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


6.4 


7.3 


5.4 


0.0 


0.0 


0.0 


6.4 


7.8 


5.4 


0.3 


3.0 


0.0 


0.0 


3.0 


0.0 


0.0 


3.3 


0.0 



OTHER US LOANS... , 
EX-IM 3AN^ LOANS, 
ALL OTHER , 



ASSISTANCE FROM I N T ER N AT ION AL AGENCIES 
1984 1935 1986 



1946-86 



TOTAL 


6.0 


12.7 


0.0 


46.3 


IBRD 


0.0 


0.0 


t).0 


0.0 


IFC 


D.O 


0.0 


0.0 


3.0 


IDA 


6.0 


10.3 


0.0 


25.4 


103 


0.0 


0.0 


0.0 


0.0 


AOB 


0.0 


0.0 


0.0 


3.0 


AF03 


0.0 


2.5 


0.0 


15.3 


UNDP 


0.0 


O.C 


' 0.0 


4.8 


OHER-UN 


0.0 


0.,2 


0.0 


0.8 


EEC 


0.0 


0.0 


0.0 


0.0 



96 



EQUATORIAL GUINEA 

Equatorial Guinea is a former Spanish colony in central Africa 
composed of a continental province (Rio Muni) and the island 
provinces (Bioko and Annobon) . It has a population of 
300,000. The capital, Malabo, is on Bioko. The current 
regime, under President Teodoro Obiang Nguema, took power as a 
military government in the 1979 coup which overthrew President 
Macias and ended his 11-year state-sanctioned policy of 
terror. A national Constitution was adopted in 1982, national 
and local assemblies chosen, and the military government 
declared itself a civilian governinent . During 1986 the 
Government enacted a law mandating the creation of a single 
political party. Only party members may hold public office, 
and the party controls the selection of all candidates. 

The economy based on cocoa, lumber, and coffee was devastated 
by the Macias years and the death or exodus of thousands of 
trained and educated citizens. The economy remains extremely 
fragile, despite substantial foreign aid and attempts at 
reform, which include entrance into the West African Franc 
Zone, debt rescheduling, and efforts to attract much needed 
foreign investment, especially from France. Annual per capita 
income is only $100-$200. 

The human rights situation deteriorated in 1986 amid reports of 
citizen harassment by poorly paid police, of discrimination 
against minority groups and migrant workers, of the use of 
forced labor, and of the suppression of several religious 
groups. The Government arrested and detained over 100 persons 
following a coup attempt in July, and subsequently it tried 15 
persons under the jurisdiction of a military tribunal in 
circumstances which raised doubts whether the trial met 
accepted international standards. There were allegations, yet 
unconfirmed, that some coup detainees were held incommunicado. 
There were three confirmed cases of torture. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reported incidents of political killing. 

b. Disappearance 

There were no known disappearances. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

There were three confirmed cases of torture by police after the 
attempted coup in July. In at least one case, the prisoner, 
later absolved of complicity in the coup, suffered severe 
injury to his arms and ankles. 

Police methods are harsh and often include beatings of 
prisoners either to extract information or to punish offenders 
for. insolence or disrespect. The Government appears little 
inclined to curb such abuses. Arbitrary police beatings of 
politically powerless people, such as expatriate Nigerian and 
Cameroonian workers and members of Bubi and certain other 
indigenous tribes, continued in 1986. 



97 



EQUATORIAL GUINEA 

Mistreatment of prisoners is officially condenmed but in fact 
is tolerated. Prisoners are dependent on their families for 
food. Prison conditions are unhealthy. As some cells contain 
a toilet and nothing else, prisoners are often forced to sleep 
and sit on the floor. Occasionally, prisoners are not even 
permitted exercise. Others are taken out to work on private 
plantations . 

d. Arbitrary Arrest, Detention, or Exile 

Despite constitutional provisions, there is no enforcement of 
the right of a person in detention to be charged or released 
within a certain period of time, to have access to a lawyer, or 
to be freed on bail. Arbitrary arrests by security forces or 
police are commonplace, usually on trumped up charges to extort 
money. There were also incidents of house arrests of Jehovah's 
Witnesses during 1986, with no charges being filed and no 
reasons given for the arrests. 

There were no known instances of any person being exiled in 
1986. The Government continued to round up so-called vagrants, 
illegal aliens, and ordinary citizens and put them to work. 
These roundups are a means of obtaining free labor and are 
often linked to preparation for important national days, the 
arrival of visiting dignitaries, and seasonal needs on the 
plantations of important government officials. There were 
reports that members of the Jehovah's Witnesses sect were 
forced by government officials to do manual labor for several 
weeks although they were never charged with nor convicted of 
any offense. 

e. Denial of Fair Public Trial 

The exact number of political prisoners is unknown but is 
believed to be small. The Government does not admit to holding 
any political prisoners. There continues to be no information 
available on the fate of 26 persons tried on charges stemming 
from a coup attempt in 1983. According to Amnesty 
International, the 26 defendants did not receive fair trials. 
The Government reports that the majority of the accused 
received sentences varying from 5 to 10 years. 

The Ministry of Justice has made little progress in 
establishing a fully functional legal system, and the executive 
branch has been able to act without any fear of judicial 
interference. The Supreme Court justices serve at the pleasure 
of the President, who replaced all but one justice early in 
1986. Of 12 Supreme Court positions, only 4 have ever been 
filled at the same time. The tribunal provided for in the 
Constitution to decide constitutional issues has never been 
established. 

The current court system, which often uses local customary law, 
is a combination of traditional, civil, and military justice, 
and operates in an ad hoc manner for lack of established 
procedures and experienced judicial personnel. Equatorial 
Guinea's estimated 15 lawyers work for the Government and 
consequently are unable to challenge government actions 
effectively. 

It is not known how frequently people are denied trials since 
many detainees deal directly with the arresting authorities and 
resort to bribes to gain their freedom. Most trials are 



98 



EQUATORIAL GUINEA 

brief. In cases of petty theft or civil disputes, all parties 
are brought before a judge for trial. In civil and criminal 
cases, the judge often levies a fine in lieu of imprisonment. 
In cases involving senior officials, exclusion from public 
office and confinement to traditional villages are common means 
of punishment . 

The major court case of 1986 was the public 2-day trial of 15 
individuals accused of plotting the overthrow of the 
Government. The case was tried by a military tribunal instead 
of a civilian court, and the proceedings were broadcast on 
state radio and television. The defendants were represented by 
government-employed counsel. The military tribunal sentenced 1 
defendant to death, 4 to long prison terms (18-20 years), 6 to 
terms of 2 years, and 4 were stripped of government positions 
and set free. The single death sentence was carried out on the 
day of the verdict. 

The actual charges against the defendants ranged from violating 
three sections of the Constitution to violating a particular 
section of the Military Penal Code. The constitutional 
provisions speak generally of citizens' obligations and are not 
criminal statutes. In addition, it was not clear how the 
military penal code applied to the civilian defendants. The 
speed of the judicial process, the questionable legal basis of 
the charges brought, the doubtful jurisdiction of a military 
tribunal, the lack of independent counsel, and the absence of 
appeal procedures raised serious questions whether the 
defendants received due process. 

f . Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

There were reports of arbitrary interference with privacy, but 
not with correspondence. There is a general suspicion that 
telephone conversations are routinely monitored. Search 
warrants are not usually used, even though they are provided 
for in the Constitution. There is no forced resettlement of 
population, and no interference with the right to marry or have 
children. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Open criticism of the Government is not permitted. The making 
of statements critical of the President and of the state of the 
economy were among the charges brought against four senior 
government defendants in the July 1986 coup attempt trial. 

What media exist in Equatorial Guinea are government owned and 
operated. The single newspaper is in fact a government 
bulletin. The officially controlled media do not criticize the 
Government. The radio and television stations transmit 
official government notices and imported entertainment, sports, 
and religious programs. There are no prohibitions on receiving 
foreign publications or periodicals, but for economic reasons 
there are no such publications for sale anywhere in the 
country. It is doubtful that the Government would permit the 
sale or distribution of publications openly critical of its 
conduct. School libraries require government permission to add 
even donated books to their libraries. 



99 



EQUATORIAL GUINEA 

b. Freedom of Peaceful Assembly and Association 

Citizens are not free to associate publicly with others to 
discuss political or economic matters, notwithstanding 
constitutional guarantees to the contrary. The Government does 
not permit opposition organizations. Political rallies or 
unsanctioned assemblies are not tolerated. Private 
nonpolitical groups, such as professional organizations and 
sports groups, are generally licensed by the Government. 

There are no labor unions, and there have been no attempts to 
organize workers. It is widely recognizod that the Government 
would not permit a union to organize, especially in the cocoa, 
lumber, and coffee sectors which constitute the main economic 
resources, or even among government workers. There is no 
significant industry in Equatorial Guinea. 

c. Freedom of Religion 

Until late in 1985, there had been complete freedom of 
religion. In December 1985, the Jehovah's Witnesses and 
several small Pentecostal groups were banned, and their 
churches and meeting houses closed without explanation. In 
1986 some of their members were subject to house arrest, 
harassed and, according to some reports, forced to do manual 
labor despite neither having been convicted nor charged with 
any crime. Missionaries of several faiths are still active and 
have government permission for their activities, including 
proselytizing . 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

There are no explicit restrictions on travel within the 
country, but anyone found without a job in any part of the 
country except his own town or village is subject to a period 
of forced labor and obligatory return to his place of origin. 
Exit visas are required for travel abroad. There were no 
reports of any new Guinean refugees in 1986, but a large number 
of refugees from the former regime continue to reside in Spain, 
France, Cameroon, and Gabon. Many of them voice fears of 
repression from the current Government if they return. 
However, the poor state of the economy is probably the main 
reason many remain abroad. The Government has repeatedly 
proclaimed that returnees need not fear persecution but can 
engage in political activities only within the 
government-sanctioned system. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Citizens have only a hypothetical right to change their 
government by democratic means. President Obiang took power in 
1979 in a military coup that toppled the Macias regime, and he 
used the 1982 plebiscite, which involved only approval or 
disapproval of the Constitution, to declared himself 
President. He will face reelection in 1989 under the present 
7-year term established by the Constitution. 

Under the Constitution, a partially elected, partially 
appointed National Assembly was chosen. While the Assembly 
includes members of minority groups, and the Assembly is 
theoretically the legislative branch of government, it is 



100 



EQUATORIAL GUINEA 

powerless to take any action not sanctioned by the President or 
his Council of Ministers, members of which can be appointed and 
dismissed by the President. The President has the power to 
suspend virtually all rights guaranteed by the Constitution 
when a threat to national security or national emergency 
exists, and the President himself decides when such a threat or 
national emergency exists. 

In 1986 the Government enacted a law providing for a single 
political party, but at the end of the year there had been no 
action to organize such a party. 

Section 4 Government Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government has denounced and, in relative terms, has 
reversed the savagery of the previous regime. It is willing to 
discuss human rights issues with international organizations. 
A U.N. human rights team visited Equatorial Guinea in January 
1986, but their report has not yet been released. There are no 
human rights groups in Equatorial Guinea. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

The law states that both sexes and all tribal groups are equal 
and entitled to the same rights and privileges. The Fang tribe 
comprises more than 70 percent of the population and dominates 
life in Equatorial Guinea, including in the allocation of top 
government positions. The Bubi tribe comprises a small 
percentage of the population but has historically been the 
majority on the island of Bioko, where the capital is located. 
Despite National Assembly elections in 1983 which returned a 
proportionate number of Bubi delegates, they have little 
effective political voice in government. Other tribal groups, 
such as Playeros, Fernandinos, and even less-favored Fang 
subgroups are similarly discriminated against in opportunities 
for economic and social advancement. 

For a variety of reasons, some historical and ciltural, and 
others economic, women are accorded a lower status than men and 
have a correspondingly lower status and influence in the 
society and government. Social tradition, and the fact that 
women produce most of the basic staple food items, keep most 
women engaged in agricultural or domestic work. Many times 
more males than females enter secondary school and a higher 
proportion of the graduates are male. Women play only a minor 
role in politics. The three highest positions held by women 
are a mayorship and the positions of Vice Minister of Labor and 
Vice Minister of Health. 

CONDITIONS OF LABOR 

Most salaried employment is with the Government. Salaries, 
when paid, are insufficient for ensuring a decent living, and 
many thus must take second jobs. Equatorial Guinea has a 
statutory minimum wage of roughly $34 monthly. Government 
working conditions are well within a maximum 48 hour workweek, 
with a full rest day and holidays. There is no effective 
monitoring of work hours and labor conditions outside of the 
Government. Minimum age for employment is 16, but there is no 
enforcement of this law outside the cities, and children of 
various ages work as necessary to help support their families. 



101 



U.S. OVERSEAS -LOANS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



CO'JNTRY: E3UAT0RIAL GUINEA/ REPU3LIC OF 

1954 1985 



1986 



I. ICON. ASSIST. -TOTAL. . . 

LOANS 

GRANTS 

A. AID 

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.) . . . 

a. FOOD FOR PEACE 

LOANS 

GRANTS. . 

TITLE 1-TOTAL 

REPAY. IN S-LOANS 

34Y. IN =0R. CURR 

TITLE II-TOTAL 

E. RELIEF. EC. DEV 5 WFP. 

VOL. RELIEF AGENCY 

C. OTHER ECON. ASSIST... 

LOAMS 

GRANTS 

PEACE COROS 

NARCOTICS 

OTHER 

II.MIL. ASSIST. -TOTAL. . . 

LOANS 

GRANTS 

A. MAP GRANTS . 

3. CREDIT FINANCING.... 
C.IMTL MIL.EO.TRNG. ... 
O.TRAN-EXCESS STOCK... 
E. OTHER GRANTS 



III. TOTAL ECON. I MIL, 

LOANS , 

GRANTS 



1.9 


1.B 


1.1 


0.0 


0.0 


0.0 


1 .9 


1.8 


1.1 


1 .0 


1.4 


1.1 


O.D 


0.0 


o.o 


1.0 


1.4 


1.1 


0.0 


0.0 


0.0 


0.9 


0.4 


0.0 


O.D 


0.0 


0.0 


0.9 


0.4 


0.0 


0.0 


0.0 


0.0 


0.3 


0.0 


0.0 


O.D 


0.0 


0.0 


0.9 


0.4 


0.0 


0.9 


0.4 


0.0 


0.0 


0.0 


0.0 


O.D 


0.0 


0.0 


O.D 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


O.D 


0.0 


0.0 


0.1 


0.1 


1.1 


0.0 


0.0 


0.0 


0.1 


0.1 


1.1 


0.0 


3.0 


1.0 


0.0 


0.0 


0.0 


0.1 


0.1 


0.1 


0.0 


0.0 


0.0 


0.0 


D.O 


0.0 


2.0 


1.9 


2.2 


O.D 


0.0 


0.0 


2.0 


1.9 


2.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 



OTHER US LOANS. . . , 
EX-IM BANK LOANS, 
ALL OTHER 



ASSIS-TANCE FROM INTERNATIONAL AGENCIES 
1934 1985 1986 



1946-86 



TOTAL 


7.3 


23.2 


6.0 


59.9 


I3RD 


0.0 


0.0 


Q-.O 


0.0 


if: 


0.0 


0.0 


0.0 


0.0 


ID4 


6.0 


<'.3 


6.0 


23.7 


103 


0.0 


0.0 


0.0 


0,.0 


A03 


3.0 


0.0 


0.0 


0.0 


AFDB 


3.1 


13.7 


0.0 


27.1 


UNDP 


3.8 


0.2 


. 0.0 


3.7 


OTHER-UN 


0.4 


O.D 


0.0 


0.4 


EEC 


0.0 


O.O 


0.0 


0.0 



102 



ETHIOPIA 



Ethiopia is ruled by Chairman Mengistu Haile-Mariam who 
exercises absolute power over the majority of Ethiopians. The 
ability of the Mengistu regime to maintain itself in power is 
based on the conviction of most Ethiopians that it is prepared 
to take whatever steps are necessary to continue in power. 
Chairman Mengistu holds the top post of general secretary in 
the Workers Party of Ethiopia, established September 6, 1984. 
The stated goal of the party is to transform the country into 
a Marxist-Leninist state. 

Ethiopia deploys the largest standing army in Africa south of 
the Sahara, numbering over 250,000 soldiers. It uses this 
power to pursue military solutions to the armed insurgencies 
of varying intensities directed against the Government. 
Ethiopia also supports rebel movements fighting against its 
neighbors, Sudan and Somalia, in retaliation for their alleged 
support of Ethiopia's internal opponents. The Government has 
an extensive security apparatus which uses a comprehensive 
system of surveillance and informers to strengthen its control 
over the population. 

The economy is currently suffering not only from the 
aftereffects of the drought and civil strife (military 
expenditures take 25 percent of the budget) but also from 
ideological constraints, notably in the Government's efforts 
to impose upon a nation of small, independent farmers a system 
of collectivized and state farms. 

Ethiopia's record on human rights remains deplorable. 
Ethiopians have no civil or political freedoms and no 
institutions or laws to protect their human rights. Over 
1 million Ethiopians have fled the country, many preferring 
life in refugee camps. The Provisional Military Government of 
Socialist Ethiopia (PMGSE) dominates the media, labor, 
education, internal and external movements of Ethiopian 
citizens, and all political processes in government-controlled 
parts of the country. The Government expects to hold a 
national referendum in the near future on a constitution based 
on Soviet and Romanian models. This constitution will provide 
the legal basis for guarantees of human rights, but it is not 
expected to alter the human rights practices of the present 
regime. In recent years, the Government has forcibly moved 
hundreds of thousands of Ethiopians, in part to improve its 
control over them. Although the Government temporarily 
suspended its program of forcibly resettling massive numbers 
of northern highland peasants into lowland areas of the 
country, a much larger nationwide program involving the 
grouping of farmers in new villages accelerated in 1986. Also 
in 1986, both government forces and members of various rebel 
movements committed atrocities against prisoners and civilian 
populations . 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

Ther'e were reliable reports in 1986 of the execution of 
approximately 60 political prisoners in October 1985. None of 
the executed is known to have been granted a trial, much less 
an appeal, and the Government has never acknowledged the 



103 



ETHIOPIA 

executions nor attempted to justify them. Among those 
believed executed was Dejazmatch Asegahgen Araya Hailu, 
accused by the Ethiopian Government of being a "ringleader" of 
an opposition political group, and 1 of 18 persons detained 
since December 1983 for "distributing antirevolutionary 
pamphlets." There is uncertainty regarding the fate of the 
rest of these detainees, although another. Dr. Mengasha 
Gebre-Hiwut, is believed to have died under torture in 1985 at 
the infamous "Third Police Station" in Addis Ababa. 

In insurgent areas, political killings by both government 
forces and contending factions continued. Guerrilla forces 
used assassination, sniping, and the mining of roadways as 
tactics against the Government, while the Government continued 
to execute captured combatants and to bomb civilian population 
centers. Both government and rebel forces are believed to 
have destroyed crops and homes in their opponents' areas. 

On March 8, 1986, members of the Tigrean Peoples' Liberation 
Front (TPLF) entered a relief feeding center and clinic and 
shot and killed two civilian Ethiopian relief workers, one a 
nurse who was allowed to bleed slowly to death under the gaze 
of her assailants. The two victims were employed by the World 
Vision Relief Organization. 

b. Disappearance 

The most notable disappearance in 1986 was that of the 
Ethiopian Permanent Representative to the United Nations and 
Ambassador to Canada in April. No charges are known to have 
been filed against him, and his whereabouts have not been 
officially announced by the Government. He is believed to be 
in a prison in Addis Ababa. Amnesty International continues 
to express concern for 15 persons who disappeared in 1979 and 
who are presumed dead, including the Patriarch of the 
Ethiopian Orthodox Church. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Methods of torture, including severe beatings, crushing of 
bones of the hand, and the use of electric shocks, although 
technically illegal, are practiced by Ethiopian officials in 
cases involving insurgent combatants and those believed to be 
engaged in political activities against the Government. 
Amnesty International states that reports indicate torture is 
often practiced on Ethiopian prisoners interrogated at the 
Central Revolutionary Investigation Department ("Third Police 
Station") in the capital and is routinely used in other parts 
of the country to interrogate prisoners about opposition 
organizations . 

On February 8, 1986, the TPLF stormed the main prison in 
Makelle, the capital of Tigray Province, releasing hundreds of 
prisoners who provided fresh examples of torture employed by 
the Ethiopian Government. Interviews by the International 
Federation of Human Rights of 121 of those released 
documented repeated cases of beatings of prisoners while 
either bound and/or suspended from a ceiling and of forced 
immersion in hot or dirty water, sometimes upside down. 
Certain low-level officials who arbitrarily held prisoners 
without charge, however, were themselves imprisoned for false 
arrest and torture in 1985 and 1986. 



104 



ETHIOPIA 

d. Arbitrary Arrest, Detention, or Exile 

Ethiopians suspected of antigovernnient actions or sentiments 
are subject to arrest or detention by the security police 
without charge or judicial review. Remarks considered 
critical or derisive of the Government, failure to attend 
mandatory political or kebele (urban neighborhood 
associations) meetings, and suspicion of association or 
sympathy with organizations opposed to the Government are 
common reasons for arbitrary arrest and detention. In most 
cases, political detainees are held incommunicado, at least 
initially, and sometimes for the length of their term of 
incarceration. The term of confinement for a suspect held 
without legal charge is subject to the whim of the detaining 
official or agent. Prisoners have been held without charge 
for periods of up to 9 years. 

In politically sensitive arrests, the Government generally 
prefers to operate in secret, taking the suspect from home at 
night. However, arbitrary arrest is not limited to the 
politically suspect. Even people with no record of political 
activity or political affiliations have been arrested and 
detained for months or longer without explanation. 

In common civil and criminal cases (but not political cases 
brought before the "special court" created after the 1974 
revolution), lawyers are sometimes permitted to appeal 
informally to government authorities, not judges, to know the 
charges against a client and to have a detainee released if no 
charges have been filed. 

In May 1986, over 700 prisoners were amnestied from prisons in 
Addis Ababa. Throughout the year, additional small groups of 
prisoners were released from time to time. 

Amnesty International and others continue to press for the 
release of the 10 remaining members of the royal family 
detained since the revolution, all held without charge. 

e. Denial of Fair Public Trial 

There is no discernible separation between the executive 
branch and the judiciary. Courts are subject to political 
control and are responsive to the requests and directions of 
Ethiopia's leadership. Ordinary criminal and civil cases are 
generally based upon the submission of evidence in a public 
setting. Minor cases are tried at the kebele level, while 
more serious criminal accusations are tried in courts where 
the accused has access to court-appointed lawyers. Members of 
Ethiopia's substantial Muslim population may elect to present 
their civil case to a traditional Shari'a court, if both 
parties agree. 

Ethiopian political detainees generally do not receive trials, 
public or otherwise. No guarantee of a public trial with 
counsel exists in such cases, nor is the accused permitted to 
present witnesses or evidence in his or her defense. 
Political trials are almost always held in secret with only 
the verdict (if even that) publicly announced. Those cleared 
of charges or whose terms have been completed are not always 
promptly released from prisons. 

There are conflicting reports about the current number of 
political prisoners. If the total includes those taken 



105 



ETHIOPIA 

prisoner as a result of ethnic insurgencies, it could well 
number in the thousands. Amnesty International believes 
several thousand were still being held at the beginning of 
1986. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Warrants are not required for entry into or search of offices 
or private homes. As a result, forced entry is commonly used 
by the police and security forces, particularly during 
military call-ups, although the level of this activity is 
currently much lower than during the "Red Terror" period of 
1977-78. However, surveillance of individuals, both visual or 
through use of listening devices, has increased and continues 
with no legal restraints. 

All mail is subject to monitoring by the Government. 
Ethiopian citizens can be called in at any time for 
questioning by authorities and for mandatory kebele meetings, 
political rallies, or marches. Refusal to appear for any of 
the above may result in imprisonment without hearing. Every 
urban Ethiopian lives under the watchful eyes of local kebele 
association officials. These officials monitor visitors 
received, items brought in and out of houses, any meetings, 
and adherence to local curfews. 

In November 1984, the Government began a massive and forced 
resettlement of famine victims, especially from the northern 
regions to western parts of the country. To date this program 
has involved the forcible removal, transport, and resettlement 
of over 500,000 persons, and eventual resettlement of up to 1 
million more is projected. The program, as conducted in 
1984-85, was rife with abuses, including the wholesale 
separation of families and inhumane conditions of transport to 
resettlement sites up to 700 kilometers distant. Following an 
international outcry, the resettlement program was suspended 
in December 1985. Efforts were made to improve the conditions 
in the resettlement areas, but people already moved were not 
officially permitted to return to their homes, although some 
have left on their own. Several thousand reportedly attempted 
to flee towards Sudan. Suffering from hunger, exposure, and 
attacks by Sudanese rebels, fewer than a thousand reached 
Sudanese relief centers. The Ethiopian Government has 
publicly stated its intention to resume the program on a 
"voluntary" basis in the near future. 

One tragic byproduct of both drought and resettlement is the 
"unaccompanied children/orphan" problem. According to 
conservative estimates, there are as many as 10,000 
unaccompanied children in relief areas alone, with an 
additional (and presumably sizable) number of unaccompanied 
children in the resettlement areas. By any accounting, many 
of these children are "orphaned," that is, separated from 
living family members because of the way the resettlement 
program was implemented. While there have been small-scale 
efforts at family reunification in several regions by both 
government and private voluntary organizations, the Government 
has not yet undertaken a countrywide project to reunite those 
children who are not true orphans, with either immediate or 
extended family members. Moreover, despite several offers by 
the International Committee of the Red Cross (ICRC) to embark 
on a family reunification program in resettlement areas, the 
Government has not yet accepted the ICRC proposal . 



106 



ETHIOPIA 

A much larger progrcim of collecting scattered peasants into 
artificial and sometimes crowded villages continued in 1986. 
According to government figures, 4,587,187 Ethiopians have, as 
of November 1986, been forced into such villages. Peasants 
cannot avoid participating in the program, and so far almost 
everyone living in "villagized" areas has moved to the new 
villages. At least one group of "villagized" peasants has 
reported that they were told that their huts would be burned 
down by party officials if they refused to move to the new 
site. The Government has devoted very few resources to this 
large program, so peasants must dismantle their own houses, 
transport them to the government-selected village site, and 
reassemble them. Promised social services such as schools, 
new roads, or clinics, though promised, are rare. 

Approximately 30,000 additional Ethiopians appeared in refugee 
camps in Somalia during 1986, most claiming to have fled the 
villagization program. Their allegations of violent coercion, 
religious persecution, rape, and crop burning associated with 
the program in the Harerge region have not been substantiated 
despite extensive investigations in the area by 
representatives of foreign governments and international and 
private relief organizations. 

Section 2 Respect for Civil Liberties, including: 

a. Freedom of Speech and Press 

There is no freedom of speech or press in Ethiopia. The 
Government owns and operates all information media and 
exercises censorship through editorial boards and the Ministry 
of Information. Expression of unauthorized political opinions 
or of views at variance with the official government line can 
result in imprisonment. Political, economic, and social 
policies in Ethiopia are formulated at top levels of 
government, then disseminated and monitored through the 
government-controlled media and government-organized citizen 
groups, i.e., women, youth, worker, and professional 
associations, kebeles, and military commissariats. 

The Government closely monitors the pronouncements of public 
officials, academics, and clergy. Some instructors and 
professors in secondary schools and at the university have 
resisted the politicization of education. Academic freedom, 
although circumscribed, especially in the political and social 
sciences, still finds expression at the university. Private 
secondary schools, where affluent Ethiopians can send their 
children, are mostly free of political orientation. Many 
Ethiopians, including government officials, seek to send their 
children abroad for education. 

Books and magazines can be confiscated if deemed to contain 
sentiments opposed to the revolution. For example, the August 
4, 1986, issue of Time magazine, which contained a lengthy 
article on Ethiopia as well as verbatim excerpts from an 
interview with Chairman Mengistu, was confiscated by 
government censors. Foreign magazines and newspapers are not 
readily available since foreign exchange is not granted to 
purchase them. Foreign radio broadcasts are widely listened 
to in Ethiopia. There is no evidence of overt attempts by the 
Government to interfere with radio reception. 

During 1986 the government-owned television, radio, and 
newspapers significantly increased their use of American and 



107 



ETHIOPIA 

Western European "soft" news, features, and entertainment 
products in an effort to improve the quality of their 
programing and to make it more appealing to the public. 
"Hard" news, however, continues to come almost exclusively 
from official Ethiopian and Soviet/Eastern European sources. 

b. Freedom of Peaceful Assembly and Association 

Assembly of any sort not previously approved by the Government 
is strictly forbidden under penalty of arrest. In contrast, 
attendance at government-sponsored rallies, meetings, and 
parades is mandatory and enforceable by arrest and detention. 
Ethiopians, traditionally cautious in their associations with 
one another and with foreigners, have become even more so 
under the present regime. There is a pervasive system of 
informers and surveillance. Frequent or close association 
with foreigners can result in questioning, arrest, and 
detention. Professional associations such as the Rotary and 
Lions Clubs are allowed to operate, though their membership 
and activities presumably are monitored by the Government. 

Trade and professional associations were reorganized in 1986 
by order of the Workers Party of Ethiopia. New boards were 
selected for these groups from members approved by the party. 

Workers are not permitted to organize independently in 
Ethiopia, and labor /management negotiations are strictly 
controlled. Collective bargaining does not exist. Strikes 
and slowdowns are forbidden. The only labor organization 
allowed to operate is the government-controlled All-Ethiopia 
Trade Union (AETU) . The AETU, one of Ethiopia's mass 
organizations, is a political group used by the Government to 
implement its policies, expand party control within the 
workplace, and prevent work stoppages. Many of AETU's top 
leaders have been trained in Eastern Europe, and the 
organization has close ties to Soviet and Eastern European 
labor organizations. The 1985 report of the International 
Labor Organization (ILO) committee of experts criticized the 
mandatory, single trade union structure in Ethiopia and 
repeated its request that freedom of association be granted to 
rural workers and public servants. 

c. Freedom of Religion 

With the overthrow of the Haile Selassie regime, the Ethiopian 
Orthodox Church lost its favored position, along with its 
lands and most of its property. The Government allows the 
Orthodox Church and the Muslim religion (each claims about 50 
percent of Ethiopia's population) freedom of worship and 
proselytism. However, the Orthodox Church has 
government-appointed officials within its administration to 
ensure its conformity with party policies. Party members are 
legally prohibited from worshiping, but this ban is not 
enforced . 

Orthodox and Muslim holidays are recognized by the government, 
and officials of both religions are allowed to exercise 
jurisdiction over civil matters such as marriage. There is, 
however, a continuing effort to deemphasize the presence and 
importance of religion in Ethiopian life, e.g., references to 
any deity are expunged from dialog in television programs and 
movies and are forbidden in government statements or 
publications. Nevertheless, in recent years there has been a 
notable resurgence in religious observances and church 



108 



ETHIOPIA 

attendance, deemed by most observers to be a popular response 
to the regime's efforts to curb religion. 

Other religions, particularly foreign Protestant Evangelical 
organizations, have found their activities sharply curtailed 
by the Government, through the closure of churches, the 
seizure and nationalization of property and facilities, and 
harassment and surveillance. At least one organization's 
congregation, its leader imprisoned since 1977, now assembles 
in secret "safe areas" for worship and other church-related 
meetings. The Government gives permits to foreign 
missionaries to enter and work in Ethiopia in limited numbers, 
although ostensibly as development specialists, not as 
missionaries . 

Members of many of Ethiopia's Evangelical churches were 
released from prison in 1986. A general trend of greater 
tolerance by government officials at the central and local 
levels continued during the year, although there were 
exceptions. Several persons at a Protestant wedding ceremony, 
including the groom, were arrested, reportedly for assembling 
without a permit. The Jehovah's Witnesses church remains 
totally banned. 

Ethiopia's small Jewish community (the Falashas) live in areas 
of insurgency (Tigre, Gondar) . Stories of "genocidal" actions 
by Ethiopian authorities or of highly brutal behavior toward 
Ethiopian Jews have not been substantiated by American 
visitors to these areas. Jews do suffer some degree of 
economic discrimination. The many craftsmen are not allowed 
to sell their wares themselves in local cities, and tourists 
are only infrequently permitted to visit a few of their 
villages. As in the rest of Ethiopia, visitors are required 
to get permission to visit these v^illages. Large numbers of 
Ethiopian Jews have surreptitiously left the country in recent 
years. The Government has attempted to block this exodus as 
part of its overall antiemigration policy. 

d. Freedom of Movement within the Country, Foreign 
Travel, Emigration, and Repatriation 

Restrictions on freedom of travel within Ethiopia exist as a 
result of the insurgencies (several areas, mainly in the 
northern administrative zones, are closed to travel for 
security reasons). Moreover, permission is required for 
Ethiopian citizens to change their places of residence, and 
persons considered politically suspect can be forbidden to 
travel outside their home areas. 

Travel abroad by Ethiopians is closely controlled. A passport 
application can be denied for failure to attend the mandatory 
Sunday morning political meeting or to "volunteer" for kebele 
work activities. In 1986 the Ethiopian Government appeared to 
be more liberal in granting passports and exit visas to its 
citizens — applications for visas to visit the United States 
were up by 4 percent. 

Emigration is highly restricted, except in special 
circumstances such as marriage to or adoption by a foreign 
national. Some emigration has been allowed on the basis of 
family reunification. Leaving Ethiopia without authorization 
is a serious offense punishable by 5 to 25 years' imprisonment 
or, in exceptional cases, reportedly by death. Nonetheless 
considerable illegal emigration occurs either under the 



109 



ETHIOPIA 

subterfuge of travel abroad for business or to visit relatives 
or by arduous treks overland and surreptitious crossing of 
borders . 

The Government recognizes the right of voluntary repatriation, 
and its proclamation of mass amnesty for Ethiopians living 
abroad (numbering more than 1 million) remains in effect. The 
government does not participate in forcibly repatriating 
refugees from other countries. There are approximately 
180,000 Sudanese resident in Ethiopia, some genuine refugees, 
some armed Sudanese dissidents, while others are persons 
displaced by drought and insurgency in southern Sudan. 

Foreigners in Ethiopia, always required to obtain a travel 
permit for internal travel, found that permission occasionally 
denied in 1986. Representatives of the United Nations and of 
foreign assistance programs and embassies who had been allowed 
to travel freely in connection with emergency assistance 
programs over the past 2 years found restrictions being placed 
on such travel as the emergency subsided in late 1986. 

Most of the Ethiopians displaced by the drought/famine 
returned from Sudan before or during 1986. There is no 
evidence that they were mistreated or discriminated against 
upon their return. Also, from 1983 to 1986, 400,000 
Ethiopians spontaneously returned to Ethiopia from Somalia, 
according to the United Nations High Commissioner for 
Refugees. Approximately 32,000 refugees have returned from 
Djibouti as of the end of 1986. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Ethiopian citizens have no legal right or peaceful means to 
change their Government. All power to determine policy in 
Ethiopia resides in the upper echelons of government, led by 
Chairman Mengistu and shared less each year by a small group 
of associates, mostly former military officers. Political and 
economic policies are dictated to the population. The 
Provisional Military Government of Socialist Ethiopia 
invariably claims to be speaking on behalf of all the 
Ethiopian people. The Workers' Party of Ethiopia (WPE) 
purports to offer Ethiopian citizens a means of participation 
in government, but its real role is to ensure that all 
government ministries, mass organizations, and nationalized 
businesses adhere to Marxist-Leninist principles. The WPE, 
like its Soviet counterpart, is a rather exclusive group — not 
everyone can join. Some, such as higher-level government 
officials, are required to join if they want to keep their 
jobs. Kebeles, the primary party/government control 
mechanisms at the local level, control housing allocation, 
basic food rationing, political indoctrination, and implement 
other government policies, such as registering and selecting 
youths for national military service. 

The highest government echelons are no longer dominated by the 
Amhara ethnic group but include many Oromos and a few 
Eritreans and Tigreans. Almost all senior government and 
political figures are of Christian origin although the 
population is approximately 50 percent Muslim. Women are 
poorly represented at the top echelons of government. Only 
one woman, a vice minister, holds a senior position. 



110 



ETHIOPIA 

Ethiopia's new constitution, which is scheduled to be voted on 
in a referendum in early 1987, would provide for the creation 
of a People's Democratic Republic of Ethiopia and 
representation by "nationality" or ethnic group in national 
and regional parliaments. The extent of autonomy, if any, 
that actually will be permitted groups such as the Eritreans, 
Tigreans, Somalis, and Oromos is not clear. Until the key 
issue of how the central government relates with its many 
nationalities is resolved to the satisfaction of ethnic 
minorities, ant i government insurgencies can be expected to 
continue. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

There is no governmental or private body to investigate 
alleged human rights violations. The government resists 
attempts by international and nongovernmental organizations to 
investigate such cases. Representatives of the International 
Committee of the Red Cross (ICRC) in Addis Ababa are not 
allowed to visit political prisoners but are allowed to visit 
prisoners of war from the 1977-78 war with Somalia. The ICRC, 
however, does not have access to prisoners taken in fighting 
with insurgent groups or to prisoners held by Ethiopian-backed 
rebel groups opposing the governments of Sudan and Somalia. 

In March 1986, the United States, introduced a resolution at 
the annual meeting of the United Nations Human Rights 
Commission calling for monitoring the widespread reports of 
abuses associated with Ethiopia's resettlement program. 
Ethiopia vigorously opposed this proposal which was not 
brought to a debate or vote, despite the support of the 
Western countries for a vote on the substance of the 
restriction . 

Ethiopia is not a signatory to any of the U.N. human rights 
documents nor the Organization of African Unity's Charter of 
Human and Peoples' Rights. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Various U.N. studies indicate Ethiopian women are subject to 
many disadvantages, encountering, inter alia, cultural and 
traditional biases, marriages imposed at a very young age, 
hard and time-consuming labor, and inadeguate employment 
opportunities and decent wages in urban areas. Village 
leadership is invariably male, and all clergy are male. 
However, women in the central Ethiopian cultures (Oromo, 
Amhara, Eritrea, and Tigre) enjoy economic rights equal to 
those of men. They may inherit, sell, or buy property and 
engage in business. Women have a subservient status within 
the home, and child m.arriages remain common in some rural 
areas despite opposition by the Government. Female 
circumcision is widely practiced among Ethiopian Orthodox 
families and is less common with some other groups, although 
the Government has stated its opposition to this practice. 
The Revolutionary Ethiopian Women's Association, a mass 
organization created in 1980, has the proclaimed goal of 
improving the status of women. 



Ill 

ETHIOPIA 

CONDITIONS OF LABOR 

The minimum age of 14 for nonfarm labor seems to be 
respected. The maximum legal workweek of 48 hours is 
generally respected in practice. "Voluntary" work campaigns 
at places of employment are common. Workers "volunteer" to 
work extra hours and weekends so that factory or office quotas 
can be achieved but receive no pay for these hours. Although 
the right of workers to an annual vacation is guaranteed by 
law, in practice government workers are usually allowed little 
time off. Employers in private industry, however, are obliged 
by the Government to respect this law. Health and safety 
codes for the workplace are rudimentary and remain 
unenforced. Absenteeism is very high despite punishments, 
including beatings, in an attempt to curtail it. 

The minimum wage in Ethiopia remains about $24 per month. 
Additional allowances effectively raise the minimum wage of a 
full-time employee to about $34. Day laborers in the 
agricultural sector receive almost $1 per day plus some 
payment in kind (shelter or a meal, for example). Day 
laborers in the urban areas receive almost $1.50 per day plus 
transportation to and from the workplace. The minimum wage is 
currently under review; a new rate may be established next 
year . 



112 



U.S. OVERSEAS 



■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: ETHIOPIA 



1934 



1935 



1986 



I. SCON 
L 
G 
A. AID 
L 
G 
(SE 

a.FOO 

L 

G 
TITLE 

REPA 

PAY. 

TITLE 

= .RE 

VOL. 

C.OTH 

L 

G 



. ASSIST. -TOTAL. 

OANS , 

RANTS , 



OANS 

RANT 

C.SU 

FO 

OANS 

RANT 

I-T 

Y. I 

IN 

II- 

LIEF 

RELI 

ER E 

OANS 

RANT 

PEA 

NAR 

OTH 



PP. ASSIST.) .., 
R PEACE 



S , 

OTAL , 

N $-LOANS.... 
FOR. CURR...., 
TOTAL 

.EC.OEV 5 WFP, 
EF AGENCY...., 
CON. ASSIST.., 



CE CORPS, 
COTICS.., 
ER , 



II.'IIL. ASSIST. -TOTAL. 

LOANS 

GRANTS , 

A. MAP GRANTS 

3. CREDIT FINANCING., 
C.INTL MIL.ED.TRNG. , 
O.TRAN-EXCESS STOCK, 
E. OTHER GRANTS 



III. TOTAL ECON. 3 MIL, 

LOANS. ... , 

GRANTS 



9.3 


37.4 


0.0 


0.0 


0.0 


0.0 


9.3 


87.4 


0.0 


0.0 


0.5 


0.0 


0.0 


0.0 


0.0 


0.0 


0.5 


0.0 


0.0 


0.0 


0.0 


9.3 


86.9 


0.0 


0.0 


0.0 


0.0 


9.8 


36.9 


0.0 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


9.8 


36.9 


0.0 


1.9 


14.4 


0.0 


7.9 


72.5 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


9.0 


0.0 


0.0 


0.0 


0.0 


'J.O 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


9.3 


37.4 


0.0 


0.0 


0.0 


0.0 


9.8 


87.4 


0.0 



0TH'=R us LOANS 3.3 


D. 
0, 
0, 


.0 0.0 


EX-IM BANK LOANS 3.3 

ALL OTHER 0.0 


.0 0.0 

.0 0.0 






ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1935 1936 




1946-86 



TOTAL , 


169.3 


211.4 


67.5 


1397.9 


IBRD 


0.0 


0.0 


•0.0 


103.6 


IFC 


0.0 


0.0 


0.0 


15.5 


IDA 


105.0 


166.0 


67.5 


838.6 


ID3 


0.0 


0.0 


0.0 


■0.0 


AD3 


0.0 


0.3 


0.0 


0.0 


AFOB 


39.8 


39.5 


0.0 


226.7 


UNDP 


24.5 


5.9 


■ 0.0 


131.4 


OHER-UN 


3.0 


0.0 


0.0 


77.1 


EEC 


0.0 


0.0 


0.0 


0.0 



113 



GABON 



Gabon has a single-party political system in which effective 
political power is concentrated in the presidency. That office 
has been held since 1967 by President Omar Bongo, who is also 
head of the party. A March 1983 amendment to the party 
constitution restricts candidacy in future presidential 
elections to the "Secretary General -Founder of the Democratic 
Party of Gabon," thus reserving presidential candidacy for 
President Bongo. He was reelected President on November 9, 
1986. In practice, presidential power is limited by the 
complexity of the governmental structure and the diffusion of 
power through 60 cabinet-level officials led by a Prime 
Minister. A 120-member National Assembly is elected from 
slates chosen by the single party and meets regularly, but it 
has little real power. 

Although still a developing country, Gabon has one of the 
highest per capita incomes ($3,400 in 1986) in sub-Saharan 
Africa due to its significant petroleum and mineral resources 
and its small population. While income distribution is skewed 
in favor of the modern urban sector as opposed to the 
traditional, agricultural sector, most Gabonese have benefited 
in some measure from the country's strong economy. 
Nevertheless, the drop in world oil prices beginning in late 
1985 has led to a sharp contraction in the economy which will 
likely continue in 1987, and the country's 140,000 immigrant 
workers have been accused of taking jobs from the local work 
force. In general, economic performance has benefited from 
longstanding government policies supporting private enterprise 
and encouraging foreign investment. 

The country's 1961 Constitution guarantees protection of the 
individual and respect for the integrity of the person, and, 
with isolated exceptions, these rights are respected in 
practice. Political rights, however, are not guaranteed under 
the Constitution, and active political opposition to the sole 
legal party is not permitted. Public criticism of particular 
government actions and policies is allowed and occurs with some 
regularity within the context of the single party, although 
direct attacks on the President are prohibited. There is no 
evidence of systematic police or other repression of the 
population. Gabon released the last of its political 
prisoners in 1985. 

On January 21, 1986, Gabon signed the 1984 United Nations 
Convention Against Torture and Other Cruel, Inhuman, or 
Degrading Treatment or Punishment. On June 26, 1986, Gabon 
completed the process of signing, ratifying, and publishing 
adherence to the Organization of African Unity's Human Rights 
Charter . 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no known political killings or summary executions. 

b. Disappearance 

There were no known cases of abductions or hostage-taking by 
government or any other groups. The authorities are sometimes 
slow to advise the families of accused criminals or detainees 



114 



GABON 

who are arrested, but there has been no evidence of attempts to 
suppress news of an arrest. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

In past years the political opposition group, the Movement for 
National Recovery (MORENA) , based in Paris, alleged that 
several people detained in the Libreville prison on political 
charges were mistreated or kept in degrading conditions. 
However, family members reported no serious mistreatment, and 
these allegations were not repeated in 1986. Police are 
believed to be rough but not brutal in their treatment of 
suspected criminals. Prison conditions are harsh. 

d. Arbitrary Arrest, Detention, or Exile 

In Gabon, "acts against the security of the state" and "actions 
against the Chief of State," which can include advocating a 
multiparty system, are punishable crimes. There were no 
reports in 1986 of detention without trial of persons accused 
of violations of criminal law. Gabonese law, amended in 
September 1983 and ratified by the National Assembly early in 
1984, provides guarantees against arbitrary detention according 
to clearly articulated judicial procedure which is observed in 
practice. Previously, there were no legal protections against 
arbitrary detention. 

Forced labor is not used as a means of political coercion or 
racial or social discrimination. Some prison sentences for 
serious crimes include hard labor as part of the sentence 
during incarceration. 

e. Denial of Fair Public Trial 

The legal system, based upon French law, customary law, and the 
1961 Constitution, gives the President a powerful role and 
functions fairly effectively. The right to a fair public trial 
is guaranteed by the Constitution and has generally been 
respected in practice in criminal cases. In security/political 
cases, however, there has been more controversy and 
inconsistency. A 1982 trial of 29 alleged members of MORENA 
took place in public with representatives of the international 
press and Amnesty International present, while a 1983 trial of 
4 political dissidents took place in secret. The charges 
leveled against the accused were basically the same in both 
cases, namely, printing and distributing antigovernment tracts 
and encouraging the Government of France to use its influence 
in Gabon to bring about a multiparty political system. No 
known political prisoners are currently being held. All those 
convicted in the 1982 trial were granted full pardons by 
President Bongo on June 19, 1986. 

The Gabonese court system is modeled on the French judicial 
system. Trial courts hear questions of fact and law in civil, 
commercial, social, criminal, and administrative cases. A 
second level of appeals courts is divided into two general 
appellate courts, with a separate appeals court for criminal 
cases. Gabon's highest judicial body, the Supreme Court, is 
divided into four chambers. There are also three exceptional 
courts: a military tribunal which handles all military 
offenses, a state security court, and a special criminal court 
which deals with fraud and embezzlement of public funds by 
officials . 



115 



GABON 

The judiciary is implicitly susceptible to executive influence, 
since Gabon's Constitution gives the President the authority to 
appoint, transfer, and dismiss judicial officials. 

f . Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The various police and security units monitor alleged dissident 
political activity, including dissident telephone 
conversations, but interference in the daily life of the 
populace is relatively rare. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

There are limits on these rights in Gabon. No direct public 
criticism of President Bongo is permitted, and no advocacy of a 
multiparty political system by the media or individuals is 
tolerated. The country's single daily newspaper, which is 
government owned, regularly prints columns attacking alleged 
inefficiency or corruption in various government offices. 
Foreign magazines and newspapers, notably French publications 
and magazines printed elsewhere in Africa, which sometimes 
criticize the President and the one-party system, generally 
circulate freely in Gabon, although occasionally particular 
issues of publications are seized by the police and a few 
publications are banned. Journalists are considered to be 
state employees and are expected to expound on themes as 
directed by the Government. The policies of the Government are 
sometimes debated in public forums. The President sometimes 
holds press conferences, and his ministers have submitted to 
lively direct questioning on television on a broad range of 
domestic policy issues such as education, public housing, and 
transportation. 

b. Freedom of Peaceful Assembly and Association 

Political activity outside the Democratic Party of Gabon is 
illegal. The Government does not interfere in the affairs of 
nonpolitical organizations. In some sectors, for example, 
sports clubs and social service organizations have been 
formed. Many have national programs under government auspices, 
but diverse private groups and events sponsored by private 
companies also exist. 

Labor unions may organize but must be affiliated with the 
government-sponsored Labor Confederation of Gabon (COSYGA), 
which is considered a specialized organ of the Democratic Party 
of Gabon and the sole labor federation. The Labor Code (1978) 
and the General Convention of Labor (1982) govern general 
working conditions and benefits for all sectors. Unions in 
each sector negotiate with management over specific pay scales, 
working conditions, and benefits applicable to their industry. 
Representatives of labor, management, and government meet 
annually to agree on the minimum wage, which is determined 
within guidelines provided by the Government. Under Gabonese 
law, all strikes are illegal which occur before remedies 
prescribed under the Labor Code have been exhausted. No 
strikes were reported in 1986, although in previous years 
workers have organized strikes or job actions over wages and 
working conditions. The Labor Confederation of Gabon is a 
member of the Organization of African Trade Union Unity. 



116 



GABON 

It is estimated that over half of Gabon's 90,000 salaried 
private sector workers are unionized. Government employees are 
not permitted to belong to unions. Agreements reached between 
labor and management in each sector also apply to nonunion and 
expatriate labor. According to the Labor Code, workers may 
individually or collectively take complaints of code violations 
to arbitration and may appeal to labor and national courts. 
These provisions are respected in practice. 

c. Freedom of Religion 

The Constitution guarantees religious freedom and tolerance. 
However, proselytizing has sometimes been discouraged, and in 
1985 four small syncretistic sects were banned because of 
alleged intolerance of antigovernment activities. Nonetheless, 
Christian, Muslim, and animist religions all flourish in Gabon, 
and public worship is unrestricted. A number of different 
religious groups operate schools. There is no political or 
economic discrimination because of religious preference. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Movement within the country and return to Gabon from abroad are 
normally not restricted by the Government. Government 
employees, however, must obtain permission to travel abroad, 
and private citizens must obtain exit permits. Immigration 
laws and presidential decrees promulgated in mid-1986 imposed 
heavy monetary guarantee requirements on non-French expatriates 
working in Gabon and levied $100 exit visa fees for each 
departure from the country. Since mid-1983, the Government has 
slightly tightened restrictions on the entry and resettlement 
of displaced persons, but many individuals who have been deemed 
to have a "well-founded fear of persecution" in their country 
of origin have been given permission to stay in Gabon. There 
have been no reported cases of involuntary repatriation. Those 
refugees or displaced persons who wish to repatriate 
voluntarily are allowed to do so. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Gabon is governed by a centralized, single-party regime in 
which President Omar Bongo exercises most political power. 
Major political and economic decisions are made by the 
President, usually in consultation with cabinet-level 
officials. This group of 60 includes representatives of all 
the country's major ethnic, geographic, and political groups. 
Through this mechanism, Gabon's varied interest groups are 
heard, given access to political patronage, and consulted on 
national resource distribution. The Fang, an ethnic group 
comprising about 35 percent of the population, feel themselves 
to be underrepresented. Fear of Fang dominance by the 
remaining 65 percent has contributed to the President's 
political control. The need to maintain the balance of 
interests represents, therefore, the major check on 
presidential power. The very size and complexity of the 
government structure is another significant factor. Opposition 
political parties are not permitted. Membership in the single 
political party is open to all Gabonese but is not required. 
Elections below the presidential level are sometimes contested, 
but all candidates must be approved by the Democratic Party of 
Gabon. The central committee of the ruling party was expanded 
in September 1986 and for the first time included two former 
members of the MORENA opposition group. 



117 



GABON 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

President Bongo has invited representatives of Amnesty 
International and other human rights organizations to visit 
Gabon. The United Nations High Commissioner for Refugees 
functions in Gabon under the aegis of the United Nations 
Development Program. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

In recent years, women have played an increasing role in the 
economic, political, and cultural life of the country, 
particularly in urban areas. The Government and party have 
promoted women's rights, including formation of the National 
Commission for the Promotion of Women in 1984, which called for 
increased support for health care, nutrition, and literacy 
programs for women. Although no women are among the top 4 
full government ministers, 4 women occupy cabinet positions as 
secretaries of state, and 9 others are in junior minister 
positions. In September 1986, five women became members of the 
political bureau of the Democratic Party of Gabon, the first 
women to serve at this level of the party. Women are also 
represented in the judiciary and occupy 13 seats in the 
National Assembly. 

Access to the Government's social programs is open to all 
Gabonese citizens on a nondiscriminatory basis. 

CONDITIONS OF LABOR 

Labor legislation provides broad protection to workers. The 
minimum wage for unskilled labor since April 1985 has been 
about $200 per month for Gabonese and about $150 for 
foreigners. Owing to labor shortages, most salaries are much 
higher. There has been little unemployment for Gabonese 
wishing to enter the wage economy, though it is increasing as 
the economy reacts to the drop in oil prices. 

No minor below the age of 16 may work without the authorization 
of the Ministries of Labor, Public Health, and Education. It 
is rarely granted and few employees are below the age of 18. 
Work over 40 hours per week must be compensated with overtime, 
and the workweek must include a minimum rest of 48 consecutive 
hours. Pregnant women have a right to 14 weeks of leave during 
pregnancy, including 6 weeks before delivery. The Labor Code 
describes enforcement of occupational health and safety 
standards, which are established by decree of the Minister of 
Health. 



118 



U. 5. OVERSEAS 



■LOAMS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: GABON 



1 984 



1985 



1986 



:.ECON. ASSIST.-TOTAL... 

LOANS , 

GRANTS , 

A. AID , 

LOANS 

GRANTS , 

(SEC. SU°P. ASSIST.) .., 

a. FOOD FOR PEACE , 

LOANS , 

GRANTS , 

TlTLc I-TDTAL 

REPAY. IH i-L0AN3. . . . , 
PAY. IN FOR. CURR...., 

TITLE II-TOTAL 

E. RELIEF. EC. l^ev <i WFP. 

VOL. RELIEF A :i ="iC Y . . . . , 

C. OTHER ECON. ASSIST... 

LOANS 

GRANTS. 

PEA:c CORPS 

NARCOTICS , 

OTHER , 



0.0 
0.0 
0.0 
0.0 
O.D 
0.0 
1.7 
0.0 
1 .7 
1 .7 
0.0 
0.0 



1.8 
0.0 
1 .3 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
1.3 
0.0 
1 .8 
1.8 
0.0 
0.0 



1.9 

0.0 
1.9 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
1.9 



0.0 



II.>1IL. ASSIST.-TOTAL.., 

LOANS 

GRANTS , 

A. MAP GRANTS 

3. CREDIT FINANCING.... 
:.INTL MIL.ED.TRNG.... 
Q.TRAN-EXCESS STOCK.. 
E. OTHER GRANTS , 



0.1 
0.0 
0.1 
0.0 
D.O 
0.1 
0.0 
0.0 



0.1 
0.0 
0.1 
0.0 
0.0 
3.1 
0.0 
0.0 



III. TOTAL ECON. 

LOANS 

GRANTS. .. . 



S MIL.. . 



4.3 
3.0 
1 .8 



1.9 
0.0 
1.9 



2.0 
0.0 
2.0 



OTHER US LOANS. . 






7. 
7. 

0, 


.4 

,4 
.0 


0. 
0. 

0, 


.0 
,0 
.0 


0. 

0. 
0, 


.0 


EK-IM BANK 
ALL OTHER. 


LOANS 


,0 

.0 










ASSISTANCE 


FROM 


INTERNATIONAL 
1934 1985 


AGENCIES 
1986 




1946- 


-86 





TOTAL 


0.6 


52.6 


0.0 


249.2 


IBRD 


0.0 


0.0 


0.0 


69.1 


IFC 


0.0 


0.0 


..0.0 


0.0 


IDA 


0.0 


0.0 


0.0 


0.0 


ID3 


0.0 


0.0 


0.0 


0.0 


A03 


0.0 


0.0 


0.0 


.0.0 


AFOB 


0.0 


42.5 


0.0 


60.6 


UNDP 


0.6 


0.0 


0.0 


18.4 


OTHER-UN 


0.0 


0.0 


. 0.0 


1.2 


ee: 


0.0 


10.0 


0.0 


99.9 



119 



THE GAMBIA 



A former British colony on the West African coast. The Gambia 
is a parlimentary democracy with an elected president. Until 
the bloody coup attempt in July 1981, The Gambia had a history 
of political stability under the leadership of its first and 
current President, Sir Dawda Jawara. His ruling People's 
Progressive Party has dominated the House of Representatives 
since independence in 1965, but several opposition parties 
actively participate in the political process. Two new 
political parties were formed in 1986 and will join the ruling 
party and the existing opposition National Convention Party in 
contesting the presidential election scheduled for March 1987. 

Given impetus by the coup attempt and formalized by the 
Confederation Treaty of 1981 establishing Senegambia, the 
process of confederation with Senegal continued during 1986, 
albeit slowly, with discussions mainly in the defense and 
economic areas. The Gambia has a small army and a modest 
navy. The Gambia gendarmerie has been organized under a 
Senegalese officer, and the first company trained by British 
officers has now been integrated with Senegalese troops into a 
confederal battalion. 

The Gambia's population of 762,000 consists largely of 
subsistence farmers growing rice and groundnuts (peanuts), the 
country's primary export crop. The Gambia continued in 1986 a 
stringent program of economic reform which in mid-year included 
new arrangements with the International Monetary Fund, the 
World Bank, and other donors to allow The Gambia to reschedule 
its debt and receive critical new loans. 

The Gambia continued the human rights improvement begun in 1985 
with the lifting of the state of emergency. Its human rights 
record in 1986 was good. In April 1986, the Government 
commuted the death sentences of 13 more persons convicted of 
treason and other crimes connected with the 1981 coup attempt. 
Presently there is only one outstanding treason-appeal case, 
which, after several postponements, is scheduled to be reviewed 
in 1987 by the Criminal Appeals Court. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no instances of political killings. 

b. Disappearance 

There were no known allegations of abduction or secret 
detention by the Government or by any other group. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

The Constitution contains prohibitions against torture, and 
cruel, inhuman, and degrading punishment. There were no 
allegations of torture in 1986. Prison conditions are severe, 
but there have been only isolated reports of mistreatment of 
prisoners. There are segregated prison facilities for men and 
women of both maximum and minimum security types. The 
Government allows prison visits by representatives of the local 
Red Cross and by close family members. 



66-986 0-87-5 



120 



THE GAMBIA 

d. Arbitrary Arrest, Detention, or Exile 

Based on British legal practice, there are we 11 -developed 
constitutional and legal procedures governing the arrest, 
detention, and bringing to trial of persons accused of crimes. 
Under these procedures, a detained person must be brought to 
trial within 1 week of arrest. This waiting period, however, 
can be extended twice, making 21 days the maximum period of 
detention before trial. 

The Government scrupulously observed its laws in handling the 
1,091 persons detained after the coup attempt. Under the 
Emergency Act of 1981, which was abrogated in February 1985, 
the Government could and did order the detention of persons who 
were considered to have been involved in acts prejudicial to 
public safety for up to 14 days without a detention order but 
with the right to legal counsel. 

The Labor Administration Act prohibits forced labor. 

e. Denial of Fair Public Trial 

Sixty-two persons were sentenced to death — after lengthy public 
trials — for crimes committed in connection with the 1981 coup 
attempt. Except for one, the cases have now gone through 
appeal, and the President in each case brought to him has 
granted executive clemency. No executions have taken place. 
There are currently no known political prisoners in The 
Gambia. One of the 1981 coup leaders was arrested in 1985, 
tried, and sentenced to death in 1986. His case is now in the 
criminal appeals court and is scheduled to be reviewed soon. 

To help discourage future coup attempts. The Gambia Parliament 
enacted a law in May 1986 which imposes the death penalty for 
treason, but which also includes the safeguard that a person 
cannot be convicted of treason on the uncorroborated statement 
of only one witness. 

Three kinds of law operate in The Gambia; general, Shari'a, 
and customary law. Shari'a, governing Muslims, is observed in 
marriage and divorce proceedings. Customary law covers 
marriage, inheritance, divorce, land tenure and utilization, 
local tribal government, and all other civil and social 
relations originating in the traditional religious and tribal 
situation of the country. General law, based on English 
statutes and modified to suit The Gambian context, governs 
criminal cases and trials and most organized business 
practices. If there were a conflict between general law and 
Shari'a, general law would prevail. 

The Constitution guarantees to criminal defendants the 
traditional rights of the English legal system, such as the 
presumption of innocence, the right of the accused to be 
informed promptly of the charges, and the right to a public 
trial. If released on bail, the accused person need not come 
to trial until the investigation is completed, and there 
apparently is no maximum time limit for investigations. 
Appeals normally proceed from the Supreme (trial) Court to the 
Court of Appeals, the country's highest tribunal. Under the 
Emergency Act, the Government established a special division of 
the Supreme Court, comprised of judges and prosecuting and 
defense attorneys from neighboring English-speaking countries 
having the same basic legal system as The Gambia. This unusual 
step helped overcome the shortage of trained legal personnel. 



121 



THE GAMBIA 

avoided overwhelming the regular judicial system, and 
demonstrated publicly the Government's concern for impartiality. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The Constitution provides guarantees, which are respected in 
practice, against arbitrary search of person and property. The 
Constitution permits the voluntary submission by a suspect to 
search, or a mandatory search if it is reasonably required in 
the interests of national defense or other public interest. 
Under the criminal code, search warrants based on probable 
cause are issued by magistrates upon application by the 
police. There are a number of police and military check 
points in and around Banjul. Drivers are stopped and vehicles 
are searched periodically. 

The rights of family are of extreme importance in The Gambia's 
conservative Muslim society. Marriage, the raising of 
children, and religious instruction are regulated by a 
combination of personal preference and ethnic and religious 
tradition. The Government does not normally intrude in family 
matters. There is no effort to censor or control personal 
correspondence or communications. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The Constitution guarantees press freedom, and the Government 
does not attempt to censor published materials whether they 
originate within or outside the country. However, the 
Emergency Act, with its broad powers of detention, did have an 
inhibiting effect on criticism of the Government by the few 
independent news sheets. In practical terms, The Gambia, with 
its small, mainly rural, largely illiterate, and multilingual 
population, does not support an active press. There are no 
daily newspapers. There is a government weekly newspaper and 
several independent, intermittently published, mimeographed 
news sheets. Both the opposition and the independent press are 
sometimes very critical of the Government. There is, however, 
some degree of self-censorship in the government-owned media, 
which exercises restraint in reporting criticism of the 
Government. There is no television in The Gambia, although 
Senegalese stations can be received. 

The Government dominates the media through Radio Gambia, but 
there have been no reported instances of government 
interference with the one commercial radio station which mainly 
broadcasts music. A few foreign magazines and newspapers are 
available in the capital. 

b. Freedom of Peaceful Assembly and Association 

In general, there is no interference with the freedom of 
association and assennbly, which is guaranteed by the 
Constitution. The Government almost always grants permits for 
meetings but requires that these meetings be open to the public. 

Trade unions are small and fragmented and are a minor element 
in Gambian economic and political life. Less than 20 percent 
of the work force is engaged in the small, wage sector, where 
unions normally are active. The Gambian Workers Union (GWU), 
an umbrella organization covering six major unions, finally 



122 



THE GAMBIA 

registered in 1986 and is recognized by the Government. The 
GWU was deregistered after an illegal strike in the late 1970 's 
and subsequently became engaged in a long dispute with the 
Government over conditions for reregistration, e.g. the filing 
of financial documents. Other unions not affiliated with the 
GWU, function under basic labor and trade union legislation. 
The labor Administration Act specifies that workers are 
guaranteed freedom of association and the right to organize and 
to bargain collectively. Union members have the freedom to 
attend meetings outside the country. 

c. Freedom of Religion 

The Constitutional guarantees of freedom of conscience, 
thought, and religion are observed in practice. The State is 
secular though Muslims constitute over 90 percent of the 
population. The schools provide instruction in the Koran for 
Muslim students. Christians, both Catholic and Protestant, 
freely practice their religion. There is a small Baha'i 
community in Banjul. Missionaries are permitted to carry on 
their various mission-related activities. There is no evidence 
of discrimination in employment, education, or in other areas 
of Gambian life on religious grounds. 

d. Freedom of Movement within the Country, Foreign 
Travel, Emigration, and Repatriation 

The Consitution guarantees freedom of movement, subject to 
conditions protecting public safety, health, and morals. There 
is no restriction on freedom of emigration or freedom of 
return. Internally, police and military checkpoints exist in 
and around Banjul, but there is no evidence that police harass 
travelers . 

Because of historic and ethnic ties with the people of Senegal, 
Guinea-Bissau, Guinea, and Mali, people tend to move 
unregulated across borders, which are poorly marked and 
difficult to police. Under the Confederation Treaty of 1981, 
neither Gambians nor Senegalese need passports or visas to 
travel to the other country. 

Section 3 Respect for Political Right: The Right of Citizens 
to Change Their Government 

The Government is elected by citizens 18 years of age and 
older. The chief executive (the President) and the members of 
the legislature (House of Representatives) are popularly 
elected, as are the district councils and the chiefs, who 
exercise traditional authority in the villages and compounds. 
A functioning multiparty system exists in The Gambia, even 
though the People's Progressive Party has been in power since 
independence. The principal opposition party. The National 
Convention Party, contests national and district elections. 
Other opposition parties contest the presidency and other 
offices on a selected basis. Independents have run for and won 
legislative seats. While there have not been any serious 
allegations of election fraud, the opposition boycotted the 
1983 district elections, claiming in advance that they would be 
unfairly managed by the Government. The government party holds 
43 of 50 seats in the House of Representatives. The opposition 
is therefore not able to defeat or modify significant 
legislation sponsored by the Government. Nevertheless, debate 
is open, and accepted parliamentary procedures are observed. 



123 



THE GAMBIA 

Two new political parties were formed in 1986 in anticipation 
of the next election which is scheduled for early 1987. Both 
parties were formed by defectors from the ruling party. In 
October 1986, one of the leaders of the new Gambia People's 
Party (GPP) was arrested for 2 days for alleged "possession of 
government documents." After his release he resigned from the 
GPP and rejoined the ruling party. 

Section 4 Governmental Attitude Regarding International 
and Nongovernmental Investigation of Alleged 
Violations of Human Rights 

The Government permits visits of international human rights 
organizations to observe the conditions of detainees and the 
trial process. There were no requests by such organizations 
for investigation of alleged human rights abuses in The Gambia 
during 1986. 

Section 5 Discrimination Based on Sex, Race, Religion, 
Language, or Social Status. 

The people are overwhelmingly Muslim and 85 percent of the 
population live in villages. While personal initiative and 
choice are valued, rights and privileges are generally 
perceived to reside in the group rather than in the 
individual. Traditional conservative values are changing but 
very slowly. Females comprise over one-third of the students 
in primary school, and with growing educational opportunities, 
women participate increasingly in the professions and in 
political life. The Minister of Education and the 
Parliamentary Secretary of the Ministry of Health are women. 
In addition, there are women in prominent positions in the 
civil service as department heads and undersecretaries. 
Marriages are still often arranged, but there is growing 
freedom of personal choice. Family planning, focused on the 
health and welfare of mother and child, remains controversial 
but is gaining some acceptance. There is a women's bureau in 
the Office of the President which actively promotes debate on 
women ' s issues . 

CONDITIONS OF LABOR 

The minimum age for employment is 18, at which age a 
prospective employee is authorized a labor card. The 
prohibition on child labor does not apply to customary chores 
on family farms. Minimum wages and hours of work are 
determined by the Joint Industrial Council, pursuant to the 
Labor Administration Act, which has representation from 
employees, employers, and government. Occupational safety and 
health are covered by The Factory Act under which the Minister 
of Labor is given authority to regulate factory health and 
safety, accident prevention, and dangerous trades and to 
appoint inspectors to ensure compliance. 



124 



u.s.ovERSeas 



•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COUNTRY: GAMBIA, THi 



1934 



1985 



1986 



:.ECON. 
LO 
GR 
A. AID 
LO 
GR 
(SEC 
B.FOOD 
LO 
GR 
TITLE 
?EPAY 
PAY. 
TITLE 
E.REL 
VOL.R 
C.OTHE 
LO 
GR 



ASSIST. -TOTAL.. 

ANS 

ANTS 



ANS , 

ANTS .., 

.SUPP. ASSIST.) .. . 

FOR PEACE 

ANS 

ANTS 

1-T3TAL 

. IN S-LOANS 

IN FOR. CURR 

II-TOTAL , 

lEF.EC.OEV i WFP. 

ELIEF AGENCY 

R SCON. ASSIST.., 

ANS.. , 

ANTS 

PEACE CORPS 

NARCOTICS , 

OTHER 



II.MIL. ASSIST. -TOTAL.. 

LOANS 

GRANTS 

A. MAP GRANTS 

3. CREDIT FINANCING..., 
C.INTL MIL.EO.TRNG... 
D.TRAN-EXCESS STOCK.. 
E. OTHER GRANTS 



III. TOTAL ECON. 

LOANS 

GRANTS. .. , 



MIL, 



7.9 


9.4 


5.7 


0.0 


0.0 


0.0 


7.9 


9,4 


5.7 


3.7 


5.8 


4.7 


0.0 


0.0 


0.0 


3.7 


5.5 


4.7 


0.0 


0.0 


0.0 


3.3 


2.6 


3.0 


0.0 


0.0 


0.0 


3.3 


2.6 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.3 


2.6 


0.0 


2.1 


1.9 


0.0 


1.2 


0.7 


0.0 


0.9 


1.0 


1.0 


0.0 


0.0 


0.0 


0.9 


1.0 


1.0 


0.9 


1.0 


1.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


b.o 


0.1 


0.1 


0.3 


0.0 


0.0 


0.0 


0.1 


0.1 


0.0 


0.0 


0.0 


0.0 


D.O 


0.0 


0.0 


0.1 


0.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


7.9 


9.5 


5.8 


0.0 


0.0 


0.0 


7.9 


9.5 


5.8 



OTHER US LOANS. . .. 
EK-IM BAN< LOANS. 
ALL OTHER , 



0.0 
0.3 
0.0 



0.0 
0.0 
0.0 



0.0 
0.0 
0,0 



ASSLSTANCE FROM INTERNATIONAL AGENCIES 
1934 1985 1986 



1946-86 



TOTAL.. .. 
I3R0 

IFC 

IDA 

103 

A03 

AFDB 

UNDP 

OHER-UN 

EEC 



24.2 

0.0 
3.0 
20.9 
0.0 
0.0 
0.0 
0.3 
0.0 
0.0 



0.4 
0.0 
0,0 



5.3 


130.1 


0.0 


0.0 


■0.0 


3.0 


5.8 


62.1 


0.0 


0.0 


0.0 


0.0 


0.0 


51.9 


0.0 


11.3 


0.0 


1.8 


0.0 


0.0 



125 



GHANA 



Ghana is governed by the Provisional National Defense Council 
(PNDC) under the chairmanship of Flight Lieutenant Jerry 
Rawlings, who seized power from the previous elected 
Government on December 31, 1981. Under the Establishment 
Proclamation issued January 11, 1982, the Council exercises 
"all powers of government." In practice, government policy is 
developed by Chairman Rawlings assisted by a number of close 
advisers, both inside and outside government. The PNDC has 
nine members and includes, aside from the Chairman (the lone 
survivor of the seven original members), two serving military 
officers (added in 1985) and seven civilians (including one 
woman and one ex-military officer). The various government 
ministries are headed by "Secretaries", each of whom is 
subordinate to the respective PNDC member responsible for that 
particular area of government. A network of Committees for 
the Defense of the Revolution (CDR's) is designed as a channel 
to transmit government policies to the citizens and, 
theoretically, citizen concerns to the Government. 

There are several security organizations in Ghana which report 
to various sections of the Government, but all come under the 
firm control of the PNDC. Most security cases of a political 
nature are handled by the Bureau of National Investigation, 
which reports to both the Ministry of the Interior and the 
PNDC member responsible for security issues. 

Starting in 1983, the Government adopted an exceptionally 
austere economic recovery program in an effort to redress a 
quarter century of economic mismanagement and political 
instability which caused Ghana to decline from one of Africa's 
most promising states to a condition of economic collapse and 
poverty. Remedial measures have included a devaluation of 
more than 5,000 percent in the cedi in less than 4 years. 
Conducted in concert with the International Monetary Fund 
(IMF), the recovery program appears to have had a positive 
effect. The economic growth rate made a fourth consecutive 
positive showing in 1986 (the growth rate for 1986 was 
estimated at 5.1 percent), and triple digit inflation has been 
reduced to between 20 and 25 percent . 

Under Rawlings, the most noticeable improvement in human 
rights has been the restoration of civil order after an 
initial 18-month period of revolutionary excess in 1982 and 
1983. Discipline has generally been instilled in the armed 
forces and the police, but a number of coup plots came 
primarily from members and former members of the armed forces. 
In 1986 one coup attempt was publicly reported, and there were 
several alleged attempts. Problems also continue with certain 
paramilitary elements, such as the militia, which do not yet 
seem firmly under government control. 

Although the Government, through the National Commission on 
Democracy, continued in 1986 to "study" means of restoring a 
democratic system, there is still no guarantee of elections, 
nor are there any current plans to provide for a relaxation of 
government control of the main national newspapers and 
broadcast news media. The potential for arbitrary deprivation 
of liberty was demonstrated by continuing instances of 
incarceration without formal charges and summary dismissal of 
16 judges. A system of public tribunals, which parallels the 
regular courts, failed to enforce procedural safeguards 
adequate enough to constitute acceptable due process. 



126 

GHANA 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

No killing was reported in which there was evidence of political 
motivation or governmental instigation. 

b. Disappearance 

No disappearance traceable to government action or to 
nongovernmental or opposition forces was reported. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

There have been occasional credible allegations of torture 
and/or beatings. Twice during 1985, the Government acknowledged 
that some members of the armed forces beat detainees. In March 
1986, during a series of trials of alleged coup plotters before 
the public tribunals, a defendant alleged that he and a fellow 
defendant had been tortured and, to prove his charge, stripped 
to the waist in court to show the scars caused by the alleged 
beatings. The Government has not refuted these allegations or 
made any known attempt to investigate them. 

d. Arbitrary Arrest, Detention, or Exile 

Ghanaian security forces occasionally take persons into custody, 
sometimes secretly late at night, with or without a warrant, and 
hold them incommunicado for months. Some of those so detained 
are said by government officials to have committed crimes, 
although their only known "offense" is the expression of views 
critical of, or different from, those of the Government. When 
the Ghana Bar Association has attempted to free some of these 
persons through writs of habeas corpus, the PNDC has either 
stood aside and permitted their release or has interposed ex 
post facto preventive custody orders barring their release and 
citing national security considerations as justification. 

In more routine criminal cases, detentions are generally 
performed in accordance with the legal procedures set forth in 
the criminal code. The criminal code requires that an arrested 
person be brought before a court within 48 hours and authorizes 
bail in many instances. Some writs of habeas corpus continued 
to be granted in 1986, but habeas corpus is limited by a 1984 
law which prevents any court from inquiring into the grounds for 
the detention of any Ghanaian detained under PNDC Law 2 (the law 
setting up the National Investigation Committee and giving that 
Committee the power to investigate virtually any allegation 
referred to it by the PNDC) . 

On January 9, 1986 the last minister of the previous government 
still being detained was released on bail. Some other officials 
of the former government who fled Ghana in 1982 and 1983 have 
quietly returned and resumed careers outside of politics, 
reportedly convinced in at least some cases that the danger of 
detention has now passed. Although the Government does not 
announce detentions or releases, there were in 1986, as in 
previous years, a number of prisoners in detention without 
charge or trial. In April a group of four, including a student 
political leader and a journalist, was detained by the 
Government with no public explanation and without charges ever 



127 



GHANA 

being brought. They were not released until August and were the 
subject of an Amnesty International Emergency Bulletin. In 
August a former government minister, Victor Owusu, was taken 
into detention, and at the end of 1986 no charges had been 
announced against him, and no hearing had been held. 

In August 1985, the Ghana Bar Association published a list of 17 
detainees being held without charge, carefully noting that it 
had published only the names of those for whom firm proof of 
detention was available. The newspaper which published the list 
has since been forced out of business, allegedly by governmental 
restrictions on the provision of newsprint to that particular 
paper . 

Ghana prohibits forced labor, except in the cases of military 
draftees and convicted criminals. 

e. Denial of Fair Public Trial 

Despite the creation of a separate judicial system in the form 
of public tribunals and despite the lack of clear guidelines as 
to which cases should go before the tribunals and which before 
the regular courts, traditional legal safeguards based on 
British legal practice, e.g., the right of defendants to present 
evidence and to cross-examine witnesses, remains generally 
available in the regular court system. This system includes 
high courts, appeal courts, and a Supreme Court headed by a 
Chief Justice. Serious questions have arisen, however, about 
the independence of the regular courts. In April the PNDC 
overturned one of its own decrees, which provided for full 
hearings before a judge could be removed from office, and 
summarily dismissed 16 judges including 2 judges of the Court of 
Appeal (Ghana's second highest court). The PNDC alleged that 
these judges were guilty of various forms of malfeasance in 
office, but no formal charges were brought against then, and no 
hearings were ever held. Many legal observers believe that, by 
this action, the PNDC has put judges in the regular courts on 
notice that judges serve at the sufferance of the PNDC and must 
serve government purposes or be summarily removed from office. 

The public tribunals system, set up in 1932 to parallel the 
regular court system, includes the Office of Revenue 
Commissioners, the National Investigations Committee, the 
Special Military Tribunal, and the Public Tribunals Board, as 
well as the public tribunals per se, which exist at the national 
and regional levels and are planned for district and community 
levels. The Government's announced purpose when it established 
this system was to provide more justice to more people in a more 
timely fashion by deemphasizing legal "technicalities." In 1985 
a National Appeals Tribunal was created to hear appeals from the 
public tribunals. Critics contend, however, that the system 
still depends largely on judges with little or no legal 
experience, that it shortcuts legal safeguards in an effort to 
speed proceedings, and that it creates new opportunities for 
corruption because of ambiguities in the jurisdiction between 
the tribunals and the regular courts. Critics note, for 
example, that the panels of presiding judges contain more laymen 
than lawyers, that there are no published guidelines concerning 
the admissibility of evidence, and that conviction is by 
majority vote of the panel trying a case. Critics add that 
meaningful appeals are impossible because no adequate record is 
kept of initial hearings before tribunals, and judges on the 
appeals panel are drawn from the same pool of "lay judges" who 
hear the initial cases, which means some cases include judges 
who actively participated in the initial hearing under appeal. 



128 



GHANA 

The members of the Ghana Bar Association, citing such 
shortcomings, have elected not to practice before the tribunals, 
and few lawyers are willing to appear in cases before them. In 
1985 the Government approved the creation of a legal aid 
program, but at the end of 1986 this program had yet to be 
implemented . 

In 1986 the public tribunals continued the PNDC policy of 
imposing the death penalty for offenses that were essentially of 
an economic, "white collar" nature. For example, three 
government officials were sentenced to death by firing squad on 
September 26 for embezzling government funds. In May, after 
hearings before a Public Tribunal, nine people allegedly 
involved in coup plotting, including those who had allegedly 
been tortured during interrogation, were executed by firing 
squad. 

Amnesty International has adopted as a "prisoner of conscience" 
a Ghanaian who was sentenced by a public tribunal to 16 years in 
prison for complicity in a November 1982 coup attempt. 

f , Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The individual citizen is, for the most part, free from 
interference by the State in his or her private conduct, 
although some critics fear that the Committees for the Defense 
of the Revolution (CDR's) have the potential to become 
"neighborhood watch committees", analogous to the Cuban model. 
However, while the Government holds that all citizens are 
"members" of the CDR's, at present actual participation in the 
system is voluntary. Monitoring of telephones and mail rarely 
occurs. Forced entry into homes has been reported in connection 
with security investigations. Informers exist, but informer 
systems, so far as is known, are not widespread. There is no 
forced resettlement of populations nor interference with the 
right to marry or to have children or for parents to provide 
religious instruction for their children. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The freedoms of speech and the press guaranteed under the now 
suspended 1979 constitution stand abrogated, but the PNDC 
Chairman has publicly encouraged people to speak out on local 
community concerns, though not on government policy. The 
Government owns the radio and television stations, as well as 
the two principal daily newspapers. The press avoids criticism 
of the revolution or of Chairman Rawlings. It focuses instead 
on uncovering instances of waste, fraud, and mismanagement, even 
when they involve relatively high-level officials (though such 
are usually government inspired). 

In the past several privately owned newspapers tried to be 
relatively bold in their news coverage axid editorial comments, 
but most of these newspapers, for various reasons, have since 
closed down. Government actions against the press continued in 
1986, e.g., by limiting supplies of newsprint to the independent 
press, thereby reportedly forcing one of the most outspoken 
newspapers into bankruptcy in early 1986. In December 1985, the 
Government banned publication of the Catholic Standard on 
political grounds. A church newespaper , the Standard was known 
for its independent stand on human rights and other issues. 
Despite efforts by the Catholic Church throughout 1986 to get 



129 



GHANA 

the Standard reopened, including public issuance of a Bishops' 
communique on the subject in September, it remains under 
government ban. 

Academic freedom tends to be respected within the confines of 
the campus. Private organizations voice occasional dissent from 
official policies but are denied access to the media and have 
difficulty reaching the public with their views. 

b. Freedom of Peaceful Assembly and Association 

Individuals are generally free to join together formally or 
informally to promote nonviolent causes, but restrictions remain 
on association for the purpose of protesting government 
policies. Political meetings are banned. Permits are required 
for public meetings but are routinely granted except when the 
meeting has an overtly political purpose. 

In 1986 the Trades Union Congress (TUC) continued to be led by 
officials freely elected in December 1983. New elections are 
slated for 1987. The TUC is associated with the International 
Labor Organization and with the Organization of African Trade 
Union Unity. The right to strike is recognized in law and in 
practice in Ghana. Ghanaian trade unions freely engage in 
collective bargaining with both private sector and state-owned 
enterprises, though in the latter category there are indications 
that the Government has, on occasion, used brief detentions and 
threats against union leaders to force agreement on issues 
involving state-owned enterprises. In April 1986, the TUC 
threatened to call a general strike, charging that the 
Government had changed wage and benefits policy unilaterally and 
negated the principle of free collective bargaining. Senior 
PNDC officials intervened to resolve the problem, and the 
Government now seems to be encouraging greater dialogue with the 
unions . 

c. Freedom of Religion 

There is no state-favored religion and no restriction on the 
exercise of religion or on contacts with others of the same 
faith, though as the Catholic Standard case indicates, the 
Government will not hesitate to ban religious publications for 
alleged political content. Most Ghanaians, including senior 
government officials, are practicing members of religious 
groups. Foreign missionary groups operate freely throughout the 
country, though the "profusion" of such groups has come under 
criticism from the PNDC Chairman. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

People are free to move from one part of the country to another 
without special permission. Since 1983 some diplomats have been 
required to give 48 hours' notice before traveling outside the 
greater Accra region. Police roadblocks continue to exist 
countrywide, allegedly for the prevention of smuggling, but are 
less obtrusive than in the 1982-84 period. Roadblocks and car 
searches are still a normal part of nighttime travel in Accra, 
but are no longer conducted during the day. 

As members of the Economic Community of West African States, 
Ghanaians are free to travel without visas for up to 90 days 
anywhere in West Africa. Ghanaians are generally free to 
exercise this right, and nationals of other member states are 
free to travel to Ghana. However, the Ghana/Togo border is 



130 



GHANA 

Still closed following allegations of Ghanaian involvement in a 
September coup attempt against the Government of Togo. The 
major restraints on travel by Ghanaians are lack of foreign 
exchange and long delays in the issuance of passports. 
Ghanaians are free to emigrate or to be repatriated from other 
countries. If a person is considered a security threat, special 
permission must be obtained. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

The PNDC under Chairman Rawlings exercises total executive, 
legislative, judicial, and administrative power in Ghana (PNDC 
Law 42). There are no other governing organs and no current 
procedure by which citizens can freely and peacefully change 
their laws, officials, or form of government. A panel to design 
new democratic structures to eventually replace Ghana's existing 
provisional system is in existence but has yet to publish any of 
its deliberations or a timetable. Efforts to give substance to 
the revolutionary slogan, "Power to the People", include 
elections for leadership positions at the local level to the 
Committees for the Defense of the Revolution. These efforts 
were purportedly intended to culminate in July 1986 with a 
National CDR Conference, but organizing difficulties limited the 
1986 CDR meetings to the regional level. Thus far, indications 
suggest that these CDR elections have been relatively free and 
open, but that the CDR's do not seem to be drawing support from 
a wide spectrum of the population. No claim is made by the 
Government, however, that these committees are meant to take the 
place of either elected local or national governing bodies. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government cooperates with the International Committee of 
the Red Cross which continued its visits to prisons in Ghana in 
1986. There are several internal groups concerned with human 
rights, and they tend to be objective but not especially vocal 
or effective in their reporting. Nevertheless, various 
independent groups and organizations have worked for and have 
sometimes succeeded in gaining the release of persons from 
custody. Official human rights inquiries may be answered at 
various levels, including by cabinet secretaries. In 1986 no 
international human rights organization sent representatives to 
Ghana, although Amnesty International issued an urgent bulletin 
about certain individuals held in detention without charge. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Discrimination based on race, language, religion, or social 
status is not a problem in Ghana. Women's rights in business, 
the civil service, and the home have long been well established 
and respected. One woman serves as a member of the ruling 
PNDC. There is one woman in the Cabinet, and at least six women 
hold subcabinet positions. Although women in urban centers and 
those who have entered modern society encounter little bias in 
most endeavors, role pressures do exist. Women in the rural 
agricultural sector remain subject to the constraints associated 
with traditional male-dominant mores, in spite of efforts by the 
Government and more enlightened elements in the society to 
curtail such practices. In 1985 the Government promulgated four 
laws which overturned many of the discriminatory customary, 
traditional, and colonial laws, i.e., concerning family 



131 



GHANA 

accountability, intestate succession, customary divorce 
registrations, and the administration of estates. 

CONDITIONS OF LABOR 

Working conditions in Ghana are governed by labor legislation 
which specifically prohibits forced labor, sets a minimum 
employment age of 15, and prohibits night work and certain types 
of hazardous employment for those under 18 years of age. 
Government directives establish a minimum normal wage and, 
through both directives and union contracts, the normal hours of 
work are defined in terms of a 40-hour week. Labor legislation 
also provides for labor inspectors and gives them the power to 
order the alteration or closing of any work site "to avert any 
threat to the health or safety of the workers." Terms of 
employment and protection against arbitrary discharge are also 
covered by existing legislation. 



132 



U.S.OVERScftS 



■LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: GHANA 



1984 



1985 



1936 



I. iCON. 
LO 
GR 
A. AID 
LO 
GR 
(SHC 
3. FOOD 
LO 
GR 
TITLE 
^SPAY 
PAY. 
TITLE 
5.REL 
/OL.R 
C.OTHE 
LO 
GR 



ASSIST. -TOTAL, 

ANS , 

ANTS 



ANS 

ANTS , 

.SUPP. ASSIST.) .. , 

FO^ PEACE 

ANS 

ANTS 

I-TOTAL , 

. IM 5-LOANS 

IN FOR. CURR 

II-TOTAL 

lEF.EC.DEV 5 WFP, 

ELIEF AGENCY 

R ECON. ASSIST... 

ANS 

ANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST. -TOTAL, 

LOANS 

GRANTS , 

A.^IAP GRANTS , 

3. CREDIT FINANCING., 
C.I NIL MIL.ED.TR^JG., 
0. IRAN- EXCESS STOCK. 
E. OTHER GRANTS , 



III. TOTAL ECON. S MIL, 

LOANS , 

GRANTS , 



20.2 


25.2 


5.5 


0.0 


9.0 


0.0 


20.2 


16.2 


5.5 


0.0 


2.4 


4.0 


0.0 


0.0 


0.0 


0.0 


2.4 


4.0 


0.0 


0.0 


0.0 


18.3 


21.5 


0.0 


0.0 


9.0 


0.0 


1 3.8 


12.5 


0.0 


0.0 


9.0 


0.0 


0.0 


9.0 


0.0 


0.0 


0.0 


0.0 


1 3.8 


12.5 


0.0 


1 .8 


5.1 


0.0 


17.0 


7.4 


0.0 


1.4 


1.3 


1.5 


0.0 


0.0 


0.0 


1.4 


1.3 


1.5 


1.4 


1.3 


1.5 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.2 


0.3 


0.2 


0.0 


0.0 


0.0 


0.2 


0.3 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.2 


3.3 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


20.4 


25.5 


5.7 


0.0 


9.0 


0.0 


20.4 


16.5 


5.7 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 



OTHER US LOANS. .. . 
EX-IM BANK LOANS, 
ALL OTHER , 



ASSISTANCE FROiM INTERNATIONAL AGENCIES 
1934 1935 1986 



1946-86 



TOTAL , 


213.9 


195.4 


96.0 


1084.4 


IBRD 


0.0 


0.0 


.0.0 


190.5 


if: 


60.0 


0.0 


0.0 


60.0 


IDA 


125.0 


122.0 


96.0 


624.1 


ID5 


0.0 


0.0 


0.0 


.0.0 


A03 


0.0 


0.0 


0.0 


0.0 


AFDB 


30.9 


59.7 


0.0 


120.1 


UNOP 


3.0 


5.1 


0.0 


52.1 


OTHER-UN 


0.0 


3.6 


0.0 


21.6 


EEC 


0.0 


0.0 


0.0 


16.0 



133 



GUINEA 



In 1986 Guinea's military leaders consolidated their hold on 
political power and, under the ruling Military Comrnittee for 
National Recovery (CMRN), significantly expanded civilian 
participation in the day-to-day operations of the Government. 
Civilians now fill 19 of the 35 cabinet-level positions, 
including 7 exiles who had fled the late President Sekou 
Toure's Guinea. The CMRN is sensitive to ethnic divisions and 
has attempted to strike a balance among the major groupings in 
appointments and promotions of high officials. 

General Lansana Conte has consolidated power in his third year 
as Head of State, a process facilitated by his building up of a 
well-armed presidential guard. Since the aborted coup of July 
1985, there have been no known attempts forcibly to overthrow 
the Government. President Conte and his Government continue to 
enjoy support from having overthrown in a bloodless coup the 
successors of Sekou Toure, who died unexpectedly in March 1984 
after having been Guinea's leader since 1958, and from the 
emphasis they place on improving human rights in Guinea. Conte 
has pledged to make Guinea, "a nation of laws, and fully 
respectful of human rights and liberties." 

Despite abundant natural resources, Toure's legacy of 
mismanagement and authoritarianism has left Guinea among the 
poorest countries in the world, with a per capita gross 
national product below $300. Eighty percent of the population 
is engaged in subsistence agriculture, and the salaried sector 
consists almost entirely of the 79 , 000-member civil service. 
Guinea is seeking to overcome this legacy with a comprehensive 
economic reform program aimed at introducing an environment 
conducive to individual initiative and the operation of the 
free market . 

The fragility of Guinea's improved human rights situation under 
Conte was illustrated in 1986 by widespread international press 
attention on the fate of a number of Sekou Toure's family 
members and political associates, and of those former CMRN 
members and others arrested after the July 1985 coup attempt. 
These reports indicated a growing belief that many of these 
people had been executed. At the end of 1986, the Government 
had still not charged or brought these persons to trial but was 
under growing pressure to give some accounting of their 
whereabouts and status . 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

Jeune Afrique and other leading Africa-oriented publications 
published allegations that political killings had taken place 
within 4 days of the 1985 coup d'etat. In no case was hard 
evidence presented in support of these charges, but Jeune 
Afrique asserted that the Government has the burden to show 
that those incarcerated are still alive. The Government has 
chosen not to respond to these specific charges or to exhibit 
the persons. In a speech on December 22, 1985, Conte implied 
that at least some of the detainees may have been summarily 
executed. However, the official government position remains 
that these persons are in prison, and that they will be tried 
after the appropriate judicial investigation is completed. The 
prisoners involved are all identified with one particular 



134 



GUINEA 

ethnic group, the Malinke. The Malinke were closely identified 
with the Sekou Toure regime. President Conte is from the 
Soussou ethnic group. 

b. Disappearance 

No politically motivated abductions or disappearances were 
reported . 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Since coming to power in April 1984, the Government has 
repeatedly condemned the cruel and inhumane practices of the 
Sekou Toure regime. It has, in some cases, corrected past 
abuses by law enforcement and prison officials when these cases 
have been brought to its attention. Government officials 
admit, however, that control over the lower ranks of the 
police, gendarmerie, and military forces is at best uneven, and 
maltreatment of prisoners still occurs. For example, prisoners 
have reportedly been stripped naked during their confinement. 
Because of Guinea's general underdevelopment, prison conditions 
are squalid and unsanitary, and the low-ranking officials who 
guard them are poorly educated, trained, paid, and supervised. 

d. Arbitrary Arrest, Detention, or Exile 

The exact number of political detainees is unknown, but, 
according to Amnesty International in its 1986 Report, 
60 persons with ties to Sekou Toure remained in detention at 
the beginning of 1985 and another 200 persons were arrested 
after the July 1985 coup attempt. Some of these were released 
during 1985. The whole process of arrest, interrogation, 
release, or further detention of the suspects remained shrouded 
in secrecy. 

There have been a number of reported cases involving arbitrary 
arrests on nonexistent or trumped-up charges, often by police 
officials seeking to supplement low salaries through extortion. 
Presidential admonitions and frequent campaigns against this 
practice in the government media have not succeeded in bringing 
continued reports to a halt. 

Guinea in the post-Toure era does not deliberately practice 
incommunicado detention, but the authorities are often slow 
in acknowledging arrests involving common criminals, in part 
due to the lack of a functioning communications system. These 
cases typically conclude with a delayed official 
acknowledgement of arrest after the family of the prisoner has 
been unofficially informed. Guineans are troubled by the 
shortcomings of the current law enforcement system, including 
the lack of safeguards for bringing accused persons before a 
judge within a reasonable period of time. Guineans no longer 
have, however, the paralyzing fear they harbored for the brutal 
party state apparatus of the Toure regime. 

Compulsory labor is prohibited and not practiced in Guinea. 

e. Denial of Fair Public Trial 

In 1986 Guinea continued the process of developing a modern and 
independent judicial system, which on paper includes procedural 
safeguards for the accused. The judiciary, as evolving, will 
have courts of the first instance at the subpref ecture and 
prefecture levels and courts of appeal at the provincial level. 



135 



GUINEA 

In September the Government abolished the Supreme Court, which 
was to have multiple functions, and in its place created a more 
narrowly focused Court of Annulment, charged with reviewing 
lower court decisions and determining whether applicable legal 
codes or relevant precedents have been followed. 

In September the Government also placed a new emphasis on 
c[uality in the appointment of judges and the training of 
lawyers. In addition, it created an "independent" Guinea Bar 
Association to assist in the reform process, in part through 
the development of objective criteria for licensing attorneys. 
Heretofore, judges have been inadequately paid, have had poor 
or no access to reference materials, and often have allowed 
their decisions to be influenced by other than purely legal 
considerations. Ideology no longer plays a role in the 
appointment of either judges or lawyers (formerly called 
"popular lawyers"). By the end of 1986, nearly 20 attorneys 
had been admitted to the Bar. The consolidation of both the 
court system and the licensing procedures for attorneys reflect 
the Ministry of Justice's new emphasis on quality versus 
quantity, as it attempts to reduce the size of the country's 
legal machinery in proportion to the means available to support 
it. 

Citizens accused of treasonous acts are to be tried by a new 
Court for National Security, the existence of which was first 
announced in 1985. According to the Government, former 
civilian officials of the previous Toure regime and civilians 
implicated in the July 1985 attempted coup will be tried in 
this Court. Military men implicated in the coup attempt are to 
be tried in a military court. As noted, no progress was made 
in 1986 in bringing any of these cases to trial. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The Government has stressed traditional family values and the 
inviolability of the home, but there are no legal or 
constitutional safeguards to protect these rights. In general, 
the CMRN is less willing than the former regime to abuse police 
powers. However, it does authorize from time to time stepped 
up police patrols and roundups of persons considered to be 
suspicious on the streets after midnight. While these patrols 
respond to a significant increase in city crime and juvenile 
delinquency, there have been excesses by police and 
paramilitary forces. 

Mail and telephones, especially of foreigners, are likely to be 
monitored . 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

While there is no longer a network of informers, after 26 years 
of totalitarian rule many Guineans are still hesitant to speak 
their minds on sensitive issues. With all media operated or 
controlled by the Government, freedom of the press does not 
exist. The Ministry of Information and Culture continues to 
act both as censor and administrator, but, within limits, has 
permitted some movement in the direction of press freedom. 
Local news media were given greater latitude during 1986 to 
report on the progress or lack of progress in the Government's 
reform programs. Reporters working for the newly formed 
Guinean press service were permitted to cover a broader 



136 



GUINEA 

spectrum of domestic issues than had been the case under the 
previous Government. In several cases, however, articles 
denouncing corrupt practices did not have the promised sequels 
and journalists were reassigned. A few foreign books and 
magazines circulate freely, even when they contain material 
critical of the CMRN. 

b. Freedom of Peaceful Assembly and Association 

There was a proliferation of voluntary associations in Guinea 
in 1986, generally in the human services and professional 
fields, such as the Red Cross and the Chamber of Commerce. The 
officers of the newly founded journalists' association, 
however, were dismissed by the Minister of Information as 
though they were Ministry employees. 

During 1986 the Guinean National Labor Confederation (CNTG) 
completed its second year as an autonomous entity. It 
maintains relations with recognized regional and international 
bodies, including the International Labor Organization (ILO), 
and regularly sends representatives to their meetings. 

Organized labor in Guinea derives its power almost entirely 
from the prestige of its leadership, as economic conditions in 
the country have placed workers in a weak bargaining position. 
Most workers represented by CNTG affiliated unions are 
government employees, a large percentage of whom are slated for 
either early retirement or layoff due to government efforts to 
trim the civil service. Nongovernment workers have the right 
to strike, but by union policy need the permission of the CNTG 
executive board to do so. In late October the Government, with 
the support of the CNTG, ordered the firing of 27 workers 
involved in a wildcat strike of a major bus company. 

c. Freedom of Religion 

Approximately 85 percent of the population is Muslim, but there 
is religious freedom and toleration for worshipers of all 
faiths. Christians, despite their numerical minority, are 
accorded equal status, and there is no official state religion. 
The first Anglican bishop was installed in July 1986. All 
religions in Guinea have the right to maintain links with 
coreligionists in other countries. Missionaries may come to 
Guinea and proselytize, but the Ministry of Religious Affairs 
limits their numbers. The Government has declared both Muslim 
and Christian holy days as public holidays. It also subsidized 
pilgrimages to Mecca and the Vatican in 1986. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Guineans are free to move about the country and change 
residence or workplace, although they may be menaced 
occasionally by petty harassment by the poorly paid police 
and/or military at unauthorized roadside checkpoints. The 
Government has tried to slow the pace of rural-urban migration 
by primarily noncoercive means. In Conakry itself, however, 
the Government has seen a need to augment late night police 
patrols with added force deployments and occasional curfews to 
respond to reports of increased crime committed by bands of 
delinquent youth, many of whom are recent arrivals from the 
interior and incapable of finding productive work. Foreign 
travel involves considerable red tape for the prospective 
Guinean traveler, but there are no unusual restrictions. 
Foreigners are required to have a routinely granted laissez 



137 



GUINEA 

passer for travel into the interior. The sudden increase in 
the numbers of non-African expatriates in the country has 
rekindled xenophobic fears in many Guineans and caused the 
Government to tighten immigration procedures from time to time. 
There are no accurate statistics on the number of former exiles 
from the Sekou Toure dictatorship who have returned to Guinea. 
There is much evidence to indicate, however, that they are 
returning in significant numbers. There are no political 
obstacles to repatriation. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Since independence, Guinea has had no experience in democracy, 
and there is still no legal provision for political parties or 
formal opposition to CMRN rule. The day-to-day running of the 
country has devolved increasingly upon the civilian members of 
the Cabinet, but ultimate authority still rests with the 
military dominated CMRN, which rules by decree. The CMRN has 
shown no inclination to relinquish its power or to permit 
national elections, apparently fearing that political 
organization would cleave Guinea along ethnic lines. 

Decentralization became a major theme in 1986 in meeting ethnic 
tensions and was the subject of a national administrative 
conference in September, attended by the entire CMRN, the 
civilian Cabinet, and representatives of all the country's 
prefectures. In this connection, the Government launched an 
administrative reform program to develop local governing bodies 
at village and city neighborhood levels. A new government 
department, the Secretariat of State for Decentralization, was 
charged with introducing these local structures which involved 
local elections. There were reports of certain coercive 
measures to prevent some objectionable candidacies by persons 
associated with the previous regime, but in most cases the 
people were able to choose freely. The new local governing 
bodies are not to replace the prefecture layer of government 
and are limited to concerning themselves with developmental and 
social issues. Prefectural appointments are still made by the 
President, with the appointees commonly being natives of the 
regions to which they are assigned. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

No local human rights organizations are known to exist in 
Guinea, but certain abuses are reported in the media. The CMRN 
has been publicly self-critical of its record, asserting that 
its overall approach to human rights distinguishes it from the 
repressive regime it overthrew but admitting that lapses have 
occasionally occurred. In this way, the Government has raised 
public consciousness on human rights issues. It has allowed 
Amnesty International to expand its membership and activities 
in Guinea, including circulating its publications freely in the 
country. Guinea is one of the few countries in Africa where 
Amnesty International has a local affiliate. In addition, 
French-based groups, such as The Assembly for the Protection of 
Human Rights and Liberty in Guinea, make known their concerns 
about human rights. 



138 



GUINEA 



Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

While the Government has not excluded any of the four major 
ethnic groupings in the country from executive or other 
positions, and while it has repeatedly exhorted its citizens to 
think of themselves as Guineans and not as members of a 
particular group, discrimination and mutual suspicion still 
characterize relations across ethnic lines within and outside 
government . 

Women in Guinea enjoy a special status which has grown out of 
the political role they played in the pre-independence period. 
They still lag, however, in educational and employment 
opportunities despite the considerable influence of market 
women on the local economy. The Government publicly supports 
the advancement of women, but the presence of women within the 
civilian part of the Government is not large. The current 
Secretary of State for Social Affairs is a woman who was 
imprisoned for her political views during the previous regime. 
Her predecessor, also a woman, helped create the Guinean 
Association for Family Weil-Being (AGBEF) , a nonprofit, private 
organization to promote family planning and maternal and child 
health care. During 1986 the Organization of Women Workers 
established itself as a quasi-independent advocate of women's 
rights within the CNTG. This labor organization, plus the 
AGBEF and the National Office on the Feminine Condition, have 
conducted seminars and colloquia on women's issues and 
developed contacts with sister organizations overseas. 

CONDITIONS OF LABOR 

By accepted practice, children under the age of 17 are not 
usually employed outside the family. An exception is in the 
area of subsistence agriculture where farming is traditionally 
a family affair. With the help of the ILO, a new labor code is 
scheduled for introduction in 1987 which will include a minimum 
employment age of 17, a 40 hour work week, acceptable health 
and safety standards, and fair collective bargaining 
procedures. These labor standards are for the most part 
already in effect in the modern mining enclaves. Under 
existing legislation, a collective labor agreement signed in 
1986 governs relations between Guinean mineworkers and the 
mining industry. Fair collective bargaining procedures were 
followed in hammering out this agreement. 



139 



U.S.0VERSE4S -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: GJINEA 



1934 



1985 



1936 



I.HCON. ASSIST. -TOTAL... 

LOANS 

GRANTS 

A. AID 

LOANS 

GRANTS 

(SSC.SUPP. ASSIST.) ... 

d.FOOO FOR PEACE 

LOANS 

GRANTS 

TITLE I-TOTAL 

?EPAY. IN t-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAL 

=. RELIEF. EC.OEV I WFP. 

VOL. RELIEF AGENCY 

C. OTHER E:0N. ASSIST.. . 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 

II.MIL. ASSIST. -TOTAL... 

LOANS 

GRANTS 

A.flAP GRANTS 

3. CREDIT FINANCING.... 
;.INTL MIL.EO.TRMG. .. . 
3.TRAN-EXCESS STOCK... 



E. OTHER GRANTS. 



III. TOTAL ECON. S MIL... 

LOANS 

GRANTS 



6.6 


9.7 


13.5 


4.8 


3.7 


0.0 


1.8 


4.0 


13.5 


1.7 


4.0 


13.2 


0.0 


0.0 


0.0 


1.7 


4.0 


13.2 


0.0 


0.0 


10.0 


4.9 


5.7 


0.0 


4.8 


5.7 


0.0 


0.1 


0.0 


0.0 


4.3 


5.7 


0.0 


4.8 


5.7 


0.0 


0.0 


0.0 


0.0 


0.1 


0.0 


0.0 


0.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.3 


O.D 


0.0 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


1.6 


3.1 


2.1 


0.3 


0.0 


0.0 


1.6 


3.1 


2.1 


1.5 


3.0 


1.9 


0.0 


0.0 


0.0 


0.1 


0.1 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


8.2 


12.3 


15.6 


4.8 


5.7 


0.0 


3.4 


7.1 


15.6 



OTMER US LOANS 0.0 


0.0 0.0 


EK-IM BANK LOANS 0.0 

ALL OTHER 0.0 


0.0 0.0 
0.0 0.0 






ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1935 1936 


1946-36 



TOTAL 


94.8 


53.5 


44.0 


596.5 


IBRD 


0.0 


0.0 


0.0 


73.5 


IPC 


0.0 


0.0 


"I .0 


17.1 


IDA 


46.7 


17.5 


43.0 


262.2 


103 


0.0 


0.0 


0.0 


0.0 


AD3 


0.0 


0.0 


0.0 


'0.0 


AFDa 


44.9 


27.6 


0.0 


117.2 


UNDP 


3.2 


4.3 


0.0 


63.6 


OTHER-UN 


0.0 


1.9 


0.0 


11.0 


EEC 


0.0 


7,5 


0.0 


51.9 



140 



GUINEA-BISSAU 



The Republic of Guinea-Bissau adopted a constitutional form of 
government in May 1984, when the 4-year old Revolutionary 
Council, established after the 1980 coup d'etat, was 
abolished. Following the promulgation of the Constitution, 
elections were held for the National Popular Assembly, which in 
turn elected General Joao Bernardo Vieira to a 5-year term as 
President of the Council of State. The 150-member Assembly 
also chose the other members of the Council. Despite adoption 
of the Constitution, effective control remains in the hands of 
President Vieira, who serves as Head of State, Commander in 
Chief, and general secretary of Guinea-Bissau's sole political 
party, the African Party for the Independence of Guinea and 
Cape Verde (PAIGC) . 

Political opposition is forbidden. The party selects all 
candidates for office, who run unopposed at all levels of 
government. The 1984 Constitution nominally guarantees the 
equality of all citizens, the rights of man, and the rule of 
law. The Government generally accords these rights, but the 
rigidity of the single party system clearly limits individual 
political freedom. The Government cites national security to 
crack down on activities it views as a threat to its 
authority. The armed forces (FARP) are responsible for state 
security, both internal and external, as mandated by the 
Constitution. Persons accused of political crimes are tried by 
military tribunals. 

Economically, Guinea-Bissau remains one of the world's poorest 
and least developed nations, dependent upon foreign aid for its 
survival. The Government's post independence efforts to 
exercise Soviet-style control over the economy resulted in 
chronic shortages of the most basic commodities, high 
unemployment, and a worthless currency. In 1986 the Government 
continued reforms initiated in 1983 aimed at stimulating the 
private sector, shifting ownership of the means of production 
from state to private hands, and bringing the moribund economy 
back to life. 

The Government's human rights record was marred by several 
events during 1986. Six of the 50 persons arrested in October 
1985 for plotting to oust President Vieira were tried for 
treason and executed in July. Another five of the accused died 
mysteriously in prison while awaiting trial. Incidents of 
religious persecution and suppression of freedom of the press 
also occurred in Guinea-Bissau during 1986. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of political killing. 

b. Disappearance 

There were no known cases of disappearance. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Five persons accused of plotting to overthrow the Government 
died in prison between February 12 and June 1, before they 



141 



GUINEA-BISSAU 

could be brought to trial. The official explanation of their 
deaths is that four died of natural causes, and the fifth was 
shot while trying to escape. It is widely believed, however, 
that four died as a result of beatings received in prison. The 
families of four of the five victims were not allowed to view 
the bodies. In the fifth case, the family saw the body only 
from a distance, but claimed that they could see discolorations 
and an indentation on the side of the head. 

The Constitution prohibits cruel and inhuman punishment. 
However, prison conditions are unsanitary and cramped, and 
interogation methods are severe. Prisoners' families routinely 
bring them food and medical supplies. Capital punishment is 
forbidden in civil criminal cases but allowed in cases before 
military tribunals. 

d. Arbitrary Arrest, Detention, or Exile 

Arrests in Guinea-Bissau are frequently arbitrary, as arrest 
procedures are undefined and the use of arrest warrants is the 
exception rather than the rule. Traditional law still prevails 
in most rural areas. The legal system inherited from the 
Portuguese colonial regime, but modified by the Constitution, 
functions in the capital, Bissau, and other urban centers. It 
includes important procedural rights, such as the right to 
counsel and the right to a judicial determination of the 
legality of detention. Bail procedures are observed 
erratically. The Government has the legal right to exile 
prisoners but did not do so in 1986. 

There is no forced or compulsory labor in Guinea-Bissau. 

e. Denial of Fair Public Trial 

The judicial system is based on the Portuguese model, with some 
exceptions. Intervals between arrest and trial are often 
lengthy. All defense lawyers are court appointed, as private 
legal practice is prohibited. The judiciary is part of the 
executive branch. Trials involving state security are not open 
to outside observers and are conducted by military tribunals. 
FARP members are tried by military courts for all offenses. 
The Supreme Court is the final court of appeal for both 
civilian and military cases except those involving national 
security matters, in which cases the Council of State reviews 
all decisions. 

Former Vice President Paulo Correia, former Deputy Minister of 
Justice Viriato Pa, and four others who had been arrested in 
October 1985, were charged with plotting a coup, tried before a 
military court in June 1986, and subsequently sentenced to 
death. They were executed by firing squad on July 17, 1986, 
despite appeals for clemency by Presidents Mitterand of France 
and Scares of Portugal, the Pope, Amnesty International, and 
all Western Chiefs of Mission accredited to Bissau. Six others 
who were sentenced to death had their sentences commuted to 15 
years of hard labor. President Vieira justified the executions 
as necessary to preserve national security, declaring that 
former Vice President Correia had attempted a coup once before 
and that all of those executed had sought to incite ethnic 
divisions within the society to overthrow the Government. 
Forty-five other defendants in the treason trial were sentenced 
to varying prison terms. 



I 



142 



GUINEA-BISSAU 

f . Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The Constitution guarantees the inviolability of domicile, 
person, and correspondence. These guarantees are not always 
respected in cases of serious crimes or state security where, 
for example, the use of search warrants is rare. International 
and domestic mail is subject to surveillance and/or censorship. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The Constitution guarantees freedom of intellectual, artistic, 
and scientific expression, with the significant exception of 
cases in which these rights are exercised in a manner "contrary 
to the promotion of social progress." In fact, the Government 
controls all information media and views the press as a vehicle 
of the party. Self-censorship by journalists is common. 
However, some criticism and questioning of policies is 
permitted, although never of individual officials. In June the 
Government expelled a Portuguese journalist, who had written of 
local corruption and human rights violations, when he refused 
to reveal his sources. 

b. Freedom of Peaceful Assembly and Association 

The Constitution guarantees freedom of assembly and 
association, and government approval is not required for 
peaceful assemblies and demonstrations. However, all existing 
organizations and associations are linked to the Government or 
the party, including the sole labor union, the National Union 
of the Workers of Guinea-Bissau (UNTG) . The UNTG is affiliated 
with the Communist-controlled World Federation of Trade Unions 
and is a member of the Organization of African Trade Union 
Unity. Strikes, while not specifically forbidden, do not 
occur. Manufacturing is extremely limited and all major 
enterprises are state owned. Thus, the overwhelming majority 
of salaried workers are employees of the state, and the union 
is forbidden to organize these public workers. 

c. Freedom of Religion 

Religious freedom is guaranteed by the Constitution and has 
been respected. Christians, Muslims, and animists worship 
freely, and proselytizing is permitted. However, a new and 
growing religious movement known as the Yanque-Yanque has 
emerged and its practices have caused the Government concern. 
This movement, founded a few years ago by a woman who claims to 
receive visions and to have healing powers, finds its support 
mainly among young Balantas (the same ethnic group from which 
most of the coup plotters came) . Yanque-Yanque is a 
monotheistic religion which rejects traditional animist. 
Christian, and Muslim values and is charactized by unusual and 
sometimes violent rituals which include the taking of a locally 
produced narcotic mixture. These rituals have occasionally 
caused physical harm to participants and even to individuals 
outside the movement. Moreover, the Yanque-Yanque reject 
modern social and economic structures including, by 
implication, the Government. At this time Yanque-Yanque does 
not constitute a political movement. Nevertheless, the 
Government has questioned, detained, and occasionally arrested 
several Yanque-Yanque leaders, often on narcotics charges. The 
occasional taking of drugs, without any legal repercussions, is 
a characteristic of the rituals of some other local religions. 



143 



GUINEA-BISSAU 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

The Government introduced several steps to ease restrictions on 
freedom of movement within the country, emigration, and foreign 
travel. President Vieira abolished the network of roadblocks 
set up to control smuggling, and Guinea-Bissauans can now 
travel freely throughout the country. The President also made 
it easier for citizens to obtain passports and, though the 
Government does not encourage emigration, spoke of his 
understanding of the economic conditions which have compelled 
thousands to emigrate. He also invited all Guinea-Bissauans 
living abroad to return home without fear of retribution. 
While sympathetic to the principle of asylum, Guinea-Bissau 
does not host significant numbers of refugees. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Guinea-Bissau is led by the PAIGC party and military (FARP) 
elite, headed by President Joao Bernardo Vieira. By the terms 
of the Constitution, all political activity must take place 
within the party/state structure. The 1984 electoral slates 
for the National Popular Assembly at the district, regional, 
and national levels were party-prepared lists. Write-in or 
opposition candidacies were not permitted. The President, 
members of the Council of State, and National Popular Assembly 
deputies are elected to 5-year terms. There are provisions for 
revision of the Constitution and national referendums. Change 
occurs through Presidential decisions supportad by the Council 
of State. No single ethnic group dominates party/government 
positions, but the fact that the city of Bissau is located in a 
Papel and Creole (mixed-race) inhabited zone guarantees these 
two groups disproportionate representation within the 
Government. Women have legal equality with men and hold some 
influential jobs within the party and the Government. The 
current Secretary of State for Labor and Social Security and 
the President of the National Assembly are both women. 
Foreigners residing in Guinea-Bissau are entitled to the same 
rights as citizens, except for the right to vote and hold 
public office. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

President Vieira welcomed the visit of an Amnesty International 
team during the coup plot trials in June, pointing out that 
such a visit would not be allowed by many African nations. The 
Amnesty team, however, was tightly scheduled and had little 
time for making independent contacts while in Bissau. The team 
observed the trials for 1 day. President Vieira continues to 
invite international delegations to visit and inspect human 
rights conditions in Guinea-Bissau. There are no local human 
rights groups operating in the country. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

The population of Guinea-Bissau comprises diverse tribal groups, 
each with its own language, customs, and social organization. 
The Fula, Mandinga, Balanta, and Papel are important groups. 
The underdevelopment of the country precludes any one ethnic 
group from asserting itself economically or politically, as all 
groups are desperately poor. Creoles enjoy a somewhat 



144 



GUINEA-BISSAU 

advantageous position within the society, due to their 
generally higher level of education and their links to Portugal 
and Cape Verde. However, this has not resulted in economic or 
political domination. President Vieira has spoken repeatedly 
of the need for creating a stronger sense of nationhood. His 
public statements concerning the July executions of coup 
plotters reflect his belief that they were seeking to divide 
the society in order to assure the domination of the Balanta 
ethnic group. The Balanta group is the largest in 
Guinea-Bissau but does not constitute a majority of the 
population. There is no evidence of any strong dissatisfaction 
among the Balanta, other than the general disaffection over 
economic conditions which is common in Guinea-Bissau. 

Discrimination against women, while officially prohibited, 
continues within certain ethnic groups, especially the Muslim 
Fulas and Mandinkas of the north and east. Among those groups 
female circumcision is still practiced, despite official 
prohibition and educational campaigns against this custom. 
Women enjoy higher status in the societies of the Balanta, 
Papel, and Biagos groups living mainly in the southern coastal 
region. 

CONDITIONS OF LABOR 

In an overwhelmingly rural and agricultural society, 
traditional division of labor practices, both between sexes and 
age groups, continue to prevail. Children in all rural 
communities work in the fields and at home for no pay. The 
Government does not attempt to discourage this practice and, in 
fact, delays the opening of schools until the rice-planting 
season has ended. Even in the small modern sector, labor laws 
are ill-defined and unevenly enforced in Guinea-Bissau, due 
primarily to the extreme economic underdevelopment of the 
society. However, there are government regulations covering 
such matters as job-related disabilities and vacation rights; 
and the Government is soon expected to approve the draft of a 
new labor code, which will set a minimum age of 14 for general 
factory labor and of 18 for heavy or dangerous labor, including 
all labor in mines. The normal work week is 39 hours. There 
is no minimum wage. 



145 



U. 3. OVERSEAS 



•LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS 
<U. 5. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: GJINEA-aiSSAU 



1984 



1935 



1936 



I.ECON. ASSIST.-TOTAL.., 

LOANS 

GRANTS 

A. AID 

LOANS , 

GRANTS 

(SEC. SUPP. ASSIST.) .. , 

B.FOOD FOR PEACE , 

LOANS , 

GRANTS , 

TITLE I-TOTAL 

REPAY. IH J-LOANS...., 
PAY. IN POR. CURR..... 

TITLE II-TOTAL 

E. RELIEF. EC. DEV i WFP, 

VOL. RELIEF AGENCY 

C. OTHER ECON. ASSIST.. , 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



II. MIL. ASSIST.-TOTAL. 

LOANS , 

GRANTS 

A. MAP GRA>JTS , 

3. CREDIT FINANCIMG.. 
C.INTL MIL.EO.TRNG. . 
D.TRAN-EXCESS STOCK, 
r. OTHER GRANTS , 



III. TOTAL ECON. S MIL. 

LOANS , 

GRANTS , 



5.3 


4.1 


0.4 


0.0 


0.0 


0.0 


5.0 


4.1 


0.4 


2.0 


3.5 


0.4 


0.0 


0.0 


0.0 


2.0 


3.5 


0.4 


0.0 


0.0 


0.0 


3.0 


0.6 


3.0 


0.0 


0.0 


0.0 


3.0 


0.6 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


0.6 


0.0 


3.0 


0.6 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


5.0 


4.1 


0.4 


0.0 


0.0 


0.0 


5.0 


4.1 


0.4 



OTHER US LOANS 0.0 


0.0 
0.0 
0.0 


0. 
0. 
0. 


. 


EK-IM BANK LOANS 0.0 

ALL OTHER 0.3 


,0 
,0 






ASSIS-TANCE FROM INTERNATIONAL AGENCIES 
1934 1935 1986 


1946- 


-86 





I 



TOTAL 


18.7 


16.3 


0.0 


124.2 


IBRD 


0.0 


0.0 


0..0 


0.0 


IFC 


3.0 


0.0 


0.0 


0.0 


104 


3.0 


16.3 


0.0 


68.9 


103 


0.0 


0.0 


0.0 


0.0 


AD3 


0.0 


0.0 


0.0 


0.0 


AFOB 


9.6 


0.3 


0.0 


37.8 


UNDP 


3.5 


0.3 


, O.C 


15.8 


OTHER-UN 


3.6 


0.0 


0.0 


1.7 


EEC 


O.C 


0.0 


0.0 


0.0 



146 



KENYA 



Kenya has been a one-party state by law since 1982, and the 
President, Daniel arap Moi, maintains firm control over both 
the Government and the party, the Kenyan African National 
Union (KANU) . The role of the party has grown significantly 
in recent years, especially in 1986, when Moi personally led a 
massive party membership campaign. Kenya has a popularly 
elected National Assembly of 158 members, and 12 additional 
members are appointed by the President. Parliament plays a 
minor role in policy initiatives, although it is involved 
frequently in local and regional issues. Within the one-party 
system, there is considerable competiton for parliamentary 
seats. The Government allegedly interferes in some especially 
sensitive cases to ensure that certain candidates are elected. 
In 1986 the Government attempted to tighten control over the 
party electoral process by proposing a law requiring that all 
voters (with the exception of certain members of the clergy, 
civil service, and military) physically queue behind candidates 
on election day, thereby effectively eliminating the secrecy 
of the ballot. Parliament has not yet enacted this proposed 
controversial voting requirement, which could apply to all 
party elections and the preliminaries to the general elections 
scheduled for 1988. 

Although the Kenyan economy has recovered from the 1984 
drought, its annual gross national product growth of 
approximately 4.5 percent has barely kept pace with the growth 
in population, approximately 4 percent annually. Unemployment 
continues to rise as more than 300,000 new workers enter the 
job market each year, while the economy annually generates at 
most 40,000 new wage-earning positions. Kenya has a well- 
developed private sector and produces not only most of the 
food it consumes but also an exportable surplus of corn in 
good years. The Government has begun to display an awareness 
of the need to promote even greater privatization in most 
areas of the economy, including inefficient public 
corporations . 

The human rights situation in Kenya was subject to some strain 
in 1986. As a result of agitation by a clandestine dissident 
group called "Mwakenya", some individuals were detained and 
released, while others were tried, convicted, and incarcerated. 
Still others fled the country out of fear of being arrested or 
detained. Little is known publicly about the group except 
that it was founded in 1981 in the Kikuyu division of Kiambu 
district outside Nairobi. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of politically motivated killings. 

b. Disappearance 

There were no instances when people disappeared under 
suspicious circumstances. Some uncharged detainees, e.g., 
from the Mwakenya, are still being held, but the disappearance 
of any of them would be unprecedent-ed in Kenyan politics. 



147 



KENYA 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Torture is specifically proscribed under the Constitution. 
Isolated reports of police torture do not suggest that torture 
is commonly practiced, but rather indicate that physical abuse 
and degradation are occasionally carried out by some persons 
without official Government sanction. When allegations of 
torture do emerge, they are usually investigated by the 
Government. Police, however, often use excessive force in 
apprehending suspected criminals, and some suspects have 
allegedly been killed while fleeing the scene of a crime. 

Prison conditions in Kenya are poor, and Amnesty International 
has expressed concern over the treatment of detainees as well 
as of prisoners who have been formally tried and convicted. 
The Preservation of Public Security Act of 1982 allows 
prisoners to be held in solitary confinement, with almost no 
outside contact with families and legal counsel. In at least 
one case in 1986, there were serious allegations of denial of 
medical treatment to a political prisoner. Prisoners are often 
required to sleep on cold cement floors which are sometimes 
covered in urine because of inadequate toilet facilities. 
Overcrowding has recently become a problem in some jails, 
especially in Nairobi. Correspondence with prisoners is 
monitored, censored, and frequently not delivered. Security 
officials are always present when detainees or prisoners 
consult with family members or attorneys. 

d. Arbitrary Arrest, Detention, and Exile 

The Government has from time to time secretly detained persons 
implicated in alleged antigovernment activities. Since 
resuming the practice of formal detention without charge, the 
Government has detained or restricted 18 persons under the 
Preservation of Security Act, including 5 in 1986 in connection 
with Mwakenya . Ten uncharged detainees were released in 
1983-84, and one in 1985. At present, nine persons are being 
held under the Act. Seven of these are being held under 
suspicion of Mwakenya involvement, and two for alleged links 
to the 1982 coup attempt. A total of 37 Kenyans were tried, 
convicted, and sentenced for sedition in connection with 
Mwakenya. Forty-nine more were released after questioning. 

Other Kenyans have been seized and held, usually for short 
periods, without being detained. Approximately 60 to 65 
soldiers and airmen were jailed after the 1982 coup attempt. 
Thirty-four were released in June 1986, while the rest are 
still being held. They are subject to military jurisdiction, 
and none has been charged with a crime. 

Aside from the detention cases falling under the Preservation 
of Public Security Act and the unprecedented circumstances 
resulting from the attempted coup of August 1982, detained 
persons generally have the right to a judicial determination 
of the legality of their detention. Kenyan law requires that 
persons charged with crimes be brought biweekly before judicial 
authorities in public court to ensure that investigations are 
conducted in a timely manner and that prisoners are not 
mistreated. The degree of compliance with the biweekly review 
requirement varies, however, according to the individual 
magistrate responsible for assuring adherence to these 
procedures. Detainee cases are reviewed every 6 months by a 
confidential detainees review tribunal. 



I 



148 



KENYA 

Self-exile has become a course of action frequently chosen by- 
Kenyan dissidents. As a result of the 1982 coup attempt and 
the 1986 Mwakenya controversy, several critics of the 
Government have fled the country, including one former member 
of Parliament, Koigi Wa Wamwere. The exiles claim that they 
fled to avoid detention for their political views. The 
Government regards them as voluntary exiles and asserts that 
all are free to return to Kenya. One Kenyan journalist, who 
had returned from self-exile in July after reportedly receiving 
official assurances of freedom from arrest/prosecution, claims 
to have been detained, held incommunicado for 2 days, and 
expelled from the country after being formally stripped of his 
Kenyan citizenship. His alleged offense was the authoring of 
articles critical of the Government while abroad. However, 
neither exile nor the threat of exile is routinely used by the 
Government as a means of coercion or intimidation. 

Kenya has not ratified the International Labor Organization 
(ILO) convention No. 105 on The Universal Abolition of Forced 
Labor. Although forced labor is not practiced in Kenya, the 
Kenyan Government has retained the colonial "Chiefs' Authority 
Act," a provision of which empowers chiefs to coerce labor 
under certain circumstances. While forced labor may 
technically be legal in some cases, this provision of the 
Chiefs' Authority Act has not been invoked since independence. 

e. Denial of Fair Public Trial 

The Kenyan judiciary usually exhibits considerable 
independence. In cases involving detention under the 
Preservation of Public Security Act, its authority is limited 
to ensuring compliance with procedural provisions. Aside from 
these security cases, the right to a fair public trial is 
usually observed, although long delays and postponements are 
common . 

Civilians are tried in civilian courts, and verdicts may be 
appealed to the Kenyan high court. High court justices, 
however, are appointed and dismissed solely at the pleasure of 
the President and are thus susceptible to executive pressure. 
Military personnel are tried by military courts, and verdicts 
may be appealed. Judge advocates are appointed on a case by 
case basis by the chief justice. Members of the press 
regularly attend and report on court proceedings, both civilian 
and military. Kenyans do not have a right to representation 
by legal counsel, except in certain capital cases. Most, but 
not all, persons tried for capital crimes are provided counsel 
free of charge if they cannot afford it. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Security officials occasionally conduct illegal searches to 
apprehend suspected criminals or seize allegedly stolen 
property. In 1986 searches and security sweeps were conducted 
in areas along the Ugandan border in an effort to apprehend 
illegal aliens and uncover smuggled goods, especially 
firearms. The homes of suspected dissidents, including 
university professors, have also been entered and searched, 
usually for alleged subversive or incriminating documents. 
Security forces reportedly occasionally employ surveillance 
techniques and electronic invasion of the home. 



149 



KENYA 
Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Freedom of speech and press are proclaimed in the Constitution. 
In practice, however, these freedoms have been narrowly 
interpreted by Kenyan authorities (e.g.. Parliament is not 
permitted to discuss foreign affairs) . The existence and use 
of the detention provisions of the Preservation of Public 
Security Act discourage public exchange of views on political 
topics. There is no systematic formal censorship of the 
Kenyan press, but in April a major Nairobi newspaper published 
a list of 18 widely varying publications which are prohibited 
in Kenya. The publications, which attack the Government as 
authoritarian and undemocratic, are mostly published abroad 
and are prohibited under sections 63 and 52 of the penal code. 
Pressure has also been brought on journalists and publications 
not to stray too far from the prescribed government line. In 
some instances journalists have been fired or detained without 
charge. Government officials regularly caution editors against 
printing information they wish withheld from the public, and 
the editors usually comply. However, during the recent 
controversy about queueing in future elections, the press 
printed strong arguments from politicians and the clergy 
against the Government's position. The press occasionally 
reports unflattering news about government civil servants but 
rarely criticizes government leaders and never criticizes or 
attacks the President. The Government also discourages 
political activism by university faculty and students. Kenya's 
institutions of higher learning, especially the University of 
Nairobi, have frequently been closed and not reopened until 
assurances were given that students would cease political 
activity. Kenyan officials regularly denounce university 
lecturers for alleged disloyalty and the preaching of 
tribalism. 

Kenya has a 30-member film censorship board under the auspices 
of the Ministry of Culture and Social Sciences. While the 
board must approve all films shown in Kenya, a variety of uncut 
foreign films are available in Kenya. A 10-member television 
censorship board has established guidelines that govern what 
can be shown on television. 

b. Freedom of Peaceful Assembly and Association 

Freedom of assembly and association are guaranteed by the 
Kenyan Constitution, although these rights are limited by the 
Public Order and Police Act, which gives local authorities wide 
powers to control public gatherings. It is illegal to convene 
an unlicensed meeting, and politicians have been investigated 
or arrested for violations of this statute. Licenses to hold 
public meetings are rarely denied. When they are, it is 
usually on the grounds that the proposed meeting might disturb 
civil order. With the exception of civil servants, who are 
required to join KANU, Kenyans are not officially required to 
join any political organization. Some Kenyans complained of 
intimidation and harassment during the 1986 KANU recruitment 
drive. Party membership has in fact become a test of one's 
loyalty to the Government. It is seen increasingly as a 
prerequisite to enjoying the full benefits of Kenyan 
citizenship. The Government and the party itself both claim 
that party membership is strictly voluntary. 

Kenya has a relatively free trade union movement. Its only 
trade union confederation, the Central Organization of Trade 



150 



KENYA 

Unions (COTU) , is affiliated with the Organization of African 
Trade Union Unity. The employees of all permanent enterprises 
employing at least 7 persons may be organized into trade 
unions. Approximately 75 percent of such workers are actually 
unionized, but the widespread use of temporary workers inhibits 
organizing efforts. In fact, unions represent a greater number 
of workers in collective bargaining than actual membership 
suggests because nonunion workers are frequently covered by 
collective bargaining agreements negotiated for their 
respective enterprises. Union elections in 1986 have thus far 
demonstrated that democracy still exists in the Kenyan trade 
union movement. Some recent campaign practices, however, 
(such as excluding certain members from running for office) 
prompted the Minister of Labor to urge unions to overhaul 
their constitutions to permit freer expression of dissenting 
views . 

Complex labor legislation renders strikes virtually illegal. 
Strikes are permitted only if the Ministry of Labor has not 
taken action towt.d resolution within 21 days after the formal 
declaration of a dispute. Wildcat strikes of 1 or 2 days are 
quite common. Most union disputes are settled by the parties 
involved, although Kenya's dispute resolution mechanism, the 
Industrial Relations Court, has a well-earned reputation for 
fairness and impartiality. All union contracts in Kenya are 
subject to Government guidelines which limit salary increases. 
Seme unions that have been unable to get the total allowable 
increase through collective bargaining have had success, 
however, in obtaining the maximum salary increase through 
litigation in the Industrial Court. Some unions have also 
gained additional workers benefits, such as expanded health 
insurance coverage and increased housing allowances. All 
collective agreements must be approved by the Industrial 
Court, which has become the model for several other industrial 
courts in Africa. 

A few professional organizations such as the Law Society of 
Kenya have been formed. 

c. Freedom of Religion 

A wide range of religious groups exists in Kenya, and freedom 
of worship is protected by the Constitution. The Government, 
however, in 1986 criticized church leaders for alleged meddling 
in politics, notably the queueing question, and refused to 
register religious groups which it believes may pursue 
activities harmful to Kenyan society. Nevertheless, foreign 
missionaries are permitted to enter and work in Kenya, and 
there is no specific religious requirement for holding 
political office. The Church of Jesus Christ of Latter-day 
Saints has tried without success to obtain registration for 
the past 4 years. The Government, however, has not interfered 
with Mormon meetings, nor has it registered any other church 
during this period. 

In 1986 the Government and some church leaders disagreed over 
the proposed new voting procedure to require voters to express 
their preferences by physically queueing behind their chosen 
candidates instead of using the ballot box. Many of the most 
respected church leaders publicly expressed the view that the 
proposed voting shift represents a further decline in the 
democratic systems of the country. Subsequently, the 
Government announced that church leaders (and others in certain 
specified positions) would be exempted from the proposed 



151 



KENYA 

queueing requirement. Church leaders continue to oppose the 
proposed law. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Travel within Kenya is restricted only by certain provisions 
of the Preservation of Public Security Act, which limits 
movement of persons considered dangerous to public security. 
These provisions are rarely invoked. Following the 1982 coup 
attempt, the Government expanded the controls over travel 
abroad. Although Kenya does not officially prohibit emigration 
of its nationals, in some cases the Government has seized the 
passports of controversial Kenyans. 

Kenya continues to accept refugees, despite the country's high 
rate of unemployment. In 1986 Kenya accepted over 8,000 
documented refugees, most of whom were from Uganda, Ethiopia, 
and Rwanda. An estimated 20,000 more persons have taken refuge 
in Kenya unofficially. Unrest in Uganda has prompted many 
Ugandans to enter Kenya illegally, and the Kenyan Government 
has begun to tighten security in order to limit their numbers. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

President Moi and a small group of advisors control all major 
policy decisions in the Government and the party. Within the 
one-party system, a wide range of candidates competes for 
party and National Assembly positions. In the most recent 
general election (1983), up to 15 candidates contested a 
single parliamentary seat. In that same election, 35 percent 
of parliamentary incumbents were voted out of office, 
including 5 ministers and 18 assistant ministers. Some 
critics see the proposed queueing system as a means to tighten 
party control over the electoral process. 

In Kenya's post independence history, neither the President nor 
the Vice President has faced an opposing candidate. The 
Government encourages but does not coerce the electorate to 
vote. Members of all ethnic groups are permitted to run for 
office, and President Moi has broadened ethnic representation 
in the Government and party. Persons from 12 different ethnic 
groups hold cabinet portfolios. Sixteen groups, including 
Europeans, are represented among the 43 assistant ministers in 
the Government. Three women hold seats in the National 
Assembly. More than 20 female candidates were elected to 
municipal office in 1983. The range of allowable discussion 
on domestic issues in the National Assembly is fairly broad, 
although there is no criticism of the President or any of his 
policies . 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government is sensitive to criticism regarding human 
rights in the country. Various groups, including Amnesty 
International, have appealed to the Government to abandon its 
use of formal detention without charge. President Moi has 
publicly criticized Amnesty International and other outside 
groups for meddling in Kenyan politics. There are several 
Kenyan organizations which address certain issues related to 
human rights, but none which focuses exclusively on human 



66-986 0-87-6 



152 



KENYA 

rights in Kenya. Kenya has not ratified the Organization of 
African Unity's Human Rights Charter adopted at that 
organization's 1981 summit in Nairobi. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Kenya is a diverse country that does not practice legal 
discrimination on the basis of race, sex, religion, language, 
or social status. Despite recent gains by women in many 
fields, and the emergence of influential women in Parliament, 
Government ministries, and the professions, they remain 
underrepresented in educational institutions, government, and 
business. This is not a matter of policy, but rather the 
product of a traditional culture that has long prescribed very 
limited roles for women. Women are a crucial factor in Kenyan 
labor and provide about three-quarters of Kenyan farm labor. 
Female farm labor is likely to maintain its prominent position 
because of the continuing migration of men to cities in search 
of higher-paying jobs. In the modern sector, women earn less 
than men for comparable work. Many Kenyan ethnic groups still 
practice female circumcision, although the Government has 
mounted a major effort to eliminate the practice and forbids 
such operations to be conducted in Government facilities. 

Kenya's Asian community, which numbers about 65,000, accounts 
for approximately one-quarter of the country's total economic 
output. Kenya's Africanization campaign has resulted in some 
Asian emigration, and many Asians are concerned about the 
long-term implications of the policy. Kenya amended its 
citizenship law in 1984, depriving many Asians and Europeans 
of Kenyan citizenship. Under the present law, people born in 
Kenya of non-Kenyan parents can no longer claim Kenyan 
citizenship. 

CONDITIONS OF LABOR 

Kenya's population of approximately 21 million is projected to 
double early in the 21st century. Urbanization continues to 
accelerate rapidly, but approximately 80 percent of Kenyans 
still live in rural areas, and most are employed in subsistence 
or semisubsistence agriculture. Of approximately 1 million 
persons who work in the wage economy, approximately 50 percent 
are government employees. 

The legal minimum age for employment in Kenya is 16, but the 
law, which is reviewed periodically by the Government, is 
virtually unenforceable, and many children begin work at an 
earlier age. Kenya has adequate legislation to provide 
acceptable and safe conditions for workers, including 
occupational safety and health, but the Government is unable 
to enforce compliance. The maximum legally allowable work 
week in Kenya is 52 hours. A minimum wage is established. 



153 



U.S. OVERSEAS 



•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJfJTRY: KENYA 



1984 



1985 



1986 



I.ECON 

L 

G 

A. AID 

L 

G 

(SE 

B.FOO 

L 

G 

TITLE 

SEPA 

PAY. 

TITLE 

E.RE 

VOL. 

C.OTH 

L 

G 



. ASSIST. -TOTAL.. 

OANS 

RANTS 



OANS 

RANT 

C.SU 

D FO 

OANS 

RANT 

I-T 

Y. I 

IN 

II- 

LIEF 

RELI 

ER E 

OANS 

RANT 

PEA 

NAR 

OTH 



pp. ASSIST.) .., 
R PEACE 



S 

OTAL 

fi $-LOANS 

FOR. CURR 

TOTAL 

.EC.OEV 3 WFP, 

EF AGENCY 

CON. ASSIST... 



C£ CORPS, 
COTICS... 
ER 



II. MIL. ASSIST. -TOTAL. 

LOANS 

GRANTS 

A. MAP GRANTS 

B. CREDIT FINANCING.. 
:.INTL MIL.EO.TR><G.. 
D.TRAN-EXCESS STOCK, 
c. OTHER GRANTS 



III. TOTAL cCON. 8 MIL, 

LOANS 

GRANTS , 



71.8 


76.9 


46.5 


30.2 


9.5 


1.7 


41.6 


67.4 


44.8 


53.3 


39.8 


42.7 


25.4 


0.0 


1.7 


27.9 


39.8 


41.0 


21.0 


25.0 


14.4 


13.6 


32.6 


0.0 


4.8 


9.5 


0.0 


8.8 


23.1 


0.0 


4.8 


'.5 


0.0 


4.8 


9.5 


0.0 


0.0 


0.0 


0.0 


8.8 


23.1 


0.0 


5.6 


17.4 


0.0 


3.2 


5.7 


0.0 


4.9 


4.5 


3.8 


0.0 


0.0 


0.0 


4.9 


4.5 


3.8 


4.9 


4.5 


3.8 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


23.6 


21.7 


20.6 


10.0 


0.0 


0.0 


13.6 


21.7 


20.6 


12.0 


20.0 


19.1 


10.0 


0.0 


0.0 


1.6 


1.7 


1.5 


0.0 


D.O 


0.0 


0.0 


0.0 


0.0 


95.4 


98.6 


67.1 


40.2 


9.5 


1.7 


55.2 


89.1 


65.4 



OTHER US LOANS 0.0 


0.0 0.0 


c<-IM BANK LOANS 0.0 

ALL OTHER 0.0 


D.O 0.0 
0.0 0.0 






ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1985 1986 


1946-86 



TOTAL , 


303.5 


76.4 


93.5 


2425.4 


laUD 


145.0 


32.6 


0.0 


1194.6 


IFC 


47.2 


12.4 


1.5 


129.5 


IDA 


64.5 


6.0 


75.0 


775.2 


103 


0.0 


0.0 


0.0 


q.o 


A03 


0.0 


0.0 


0.0 


0.0 


AFD3 


41.3 


15.3 


0.0 


132.9 


UNOP 


5.5 


3.7 


0.0 


71.8 


OHER-UN 


0.0 


6.4 


0.0 


23.5 


EEC 


0.0 


0.0 


22.0 


97.9 



154 



LESOTHO 



On January 20, 1986 the regime of Prime Minister Leabua 
Jonathan, in power since independence, was ousted by the 
Lesotho Paramilitary Force (LPF). The coup leaders established 
a Military Council, abolished the post of Prime Minister, and 
formally conferred all legislative and executive power on 
Moshoeshoe II, the previously powerless King of Lesotho. The 
military leaders and the King rule by decree but appointed a 
mix of civilians and military officers to a restructured 
Council of Ministers to administer the day-to-day operations 
of the new Government. The new regime banned "political 
activity" for an unspecified period. 

The reasons for the military takeover, led by Major General 
J.M. Lekhanya, were complex but were rooted in the fact that 
the Jonathan regime, which itself had illegally seized power 
in 1970 after adverse electoral results, had alienated not 
only key Basotho power elements but also the general 
population. In addition, the South Africans had virtually 
closed the land borders because of concerns over African 
National Congress (ANC) cross-border operations and were 
publicly threatening more direct action if the Jonathan 
Government did not root out ANC presence in Lesotho. 

A landlocked country completely surrounded by South Africa, 
Lesotho is almost entirely dependent on South Africa for trade, 
finance, and employment. About half of the male labor force is 
employed in South African mines, and remittances from workers 
($250-$300 million annually) are of key importance in the 
economy, especially in financing imports. 

The new Government adopted a policy of national reconciliation 
upon its assumption of power and did not engage in harsh 
reprisals against members of the former Government. It called 
for the return of Basotho nationals who had exiled themselves 
for political or economic reasons in the past, although Ntsu 
Mokhehle, the exiled leader of the Basotho Congress Party and 
the outlawed Lesotho Liberation Army (LLA) rejected the 
government's general amnesty. In 1986 there was a vast 
improvement in personal security with the disarming of 
nonpolice and nonmilitary personnel undertaken after the coup. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There have been three incidents since December 1985 which 
involved political killings. In early December 1985, three 
citizens of Lesotho and six South African exiles were killed in 
a nighttime raid in Maseru by unidentified assailants. 
Reportedly, the perpetrators of these killings were assassins 
operating against suspected ANC members and/or sympathizers. 
In March 1986, two senior officers of the Royal Lesotho 
Defense Force (formerly Lesotho Paramilitary Force), awaiting 
trial on charges stemming from events surrounding the January 
1986 coup, died mysteriously while in prison. Despite many 
rumors, there has not been a credible explanation for these 
killings. The authorities claimed that both men died of 
natural causes, but the results of the autopsies and of 
further investigations were never publicized. 



155 



LESOTHO 

Former Minister of Information Desmond Sixishe and former 
Minister of Foreign Affairs Vincent Makhele, along with their 
wives, were abducted from the home of Mrs. Sixishe 's sister on 
November 15, 1986, taken to a mountain road, and murdered. 
The two former ministers were among the principal radicals in 
the Jonathan cabinet. The police investigation into the crime 
was continuing at the end of 1986 amidst much public 
speculation as to perpetrators and motives, e.g., the settling 
of old scores by Basotho or the possibility of action by an 
LLA or a South African assassination team. Some observers 
speculated on possible Military Council involvement or 
complicity in the crime. 

b. Disappearance 

The reports of known disappearances during 1986 concerned 
several refugees from South Africa who reportedly were lured, 
or perhaps kidnaped, by elements operating from South Africa 
and reportedly taken across the border into the Republic of 
South Africa. There have been no credible reports of 
disappearances of Basotho nationals. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

The advent of the new military Government resulted in a 
decrease in the number of allegations of improper police and 
military conduct. While it is probable that some beatings and 
harsh interrogations, particularly of criminal suspects, 
continued to take place, the new Government does not condone 
torture or other forms of cruel or harsh treatment by police 
or military authorities. Incidents of police abuses that do 
occur are believed to be the result of overzealousness at 
lower levels and lack of proper supervision. 

d. Arbitrary Arrest, Detention, or Exile 

Since the January coup, the treatment of civilian and military 
personnel associated with the Jonathan regime has generally 
been good. There were several periods of interrogation of 
some former ministers, but there were no instances of 
politically motivated arrest and/or prolonged jail detention 
or evidence of intent to take severe retributive action against 
members of the former government or their supporters. In 
response to continued public statements and alleged "plotting" 
in August, the military Government restricted the movement of 
several former ministers, including Jonathan, to their 
immediate home areas. 

Well established procedures remain in effect under the new 
Government for normal civil and criminal cases, including the 
right of a detainee to an early determination as to the 
legality of the detention. However, in political cases, the 
Internal Security (General) Act of 1982 applies. This Act 
provides for preventive detention without charge or trial for 
up to 42 days and for holding detainees incommunicado for part 
of that time. During the second stage of the detention, 
ministerially appointed "advisors" — thus far, such advisers 
have been employees of the Government — report on the health of 
the detainee, investigate whether the detainee has been 
involved in subversive activities, and advise the Minister on 
the need for continued detention. Detainees may make 
representations on their own treatment only through the 
advisors. The Internal Security (General) Act, as amended 



156 



LESOTHO 

in 1984, disallows bail in cases of arqied robbery and allows 
for detention of witnesses in security cases. 

Knowledgeable observers report that they know of no persons in 
custody as a result of alleged political activities under the 
new regime. A credible government official denies that the 
practice of political detention exists. 

There is no forced labor practiced in Lesotho. 

e. Denial of Fair Public Trial 

The new military regime did not institute legal proceedings 
against Jonathan or other members of his regime for political 
or other crimes. From time to time senior government 
spokesmen raised the possibility of trials for individual 
politicians of the Jonathan era who may have committed common 
crimes, as opposed to political acts unacceptable to the new 
Government. The only persons incarcerated and subjected to 
either the threat of trial or actual court action were a small 
number of soldiers from the Lesotho Paramilitary Force who, in 
effect, mutinied against the Force command structure just 
prior to the January 20 coup. As noted in l.a., two of those 
persons died mysteriously while in custody. Court martial 
proceedings were reportedly instituted against several others 
in early November. 

The judiciary in Lesotho remains independent under the new 
Government. The courts have acted to limit infringements of 
law and procedure on numerous occasions in past years. Court 
decisions and rulings are respected by the authorities. 
Accused persons have the right to counsel. Under the system 
of Roman-Dutch law applied in Lesotho, there is no trial by 
jury. The judiciary consists of a Court of Appeal, the High 
Court, magistrate courts, and customary or traditional courts 
which exist largely in rural areas to administer customary 
tribal laws. 

The new regime is attempting to increase familiarity with the 
law and its protection of individual rights through the 
established educational system. The King's "Practical Law in 
Lesotho" project, which is backed by the Ministers of Law and 
Education as well as by the judiciary, is intended to 
introduce a layman's course on these subjects into the Lesotho 
high school curriculum. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

These rights are generally respected in Lesotho, although 
under the Internal Security Act the police have wide powers to 
stop and search and to enter homes or other places for a 
similar purpose without a warrant. During the Jonathan 
regime, there were credible allegations of forced entry by 
authorities into the home. There were no such reports in 1986. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The Human Rights Act of 1983 provides for freedom of expression 
but subordinates this freedom to the protection of national 
security. Early in 1986, a formal ban on "politics" was 
announced. Although there has been little or no elaboration 
of the limits of that ban, it has been interpreted in practice 



157 



LESOTHO 

by the public as prohibiting formal political party activity, 
including prohibiting persons from making political speeches 
or publishing or distributing political party materials. Thus 
under the new Government, public freedom of speech in the 
political arena is tightly restricted. In private, however, 
the Basotho tend to openly criticize the Government and the 
political system. 

Opposition viewpoints are expressed freely in two Sesotho- 
language weekly newspapers published by the Roman Catholic 
Church and the Evangelical Church respectively, the only 
privately owned newspapers in the country. During the Jonathan 
regime, this criticism was tolerated but was attacked strongly 
by Lesotho's sole (and governinent-owned) radio station and also 
by the government-published weekly newspaper, Lesotho Today. 
The former Government also rebutted reporting and editorials 
on Lesotho in the South African media, which is widely followed 
in Lesotho. The new Government has adopted policies which have 
not exposed it to much adverse comment from the South African 
media . 

The new Government still exerts control over the official 
media, (one radio station and a weekly newspaper) but did not 
resort to use of this media in 1986 to attack its critics. In 
fact, apart from a few editorials and comments in the church 
papers, mainly pressing the military Government to continue 
its effort to bring back into the political life of the 
country Ntsu Mokhehle and his Lesotho Liberation Army, there 
has been remarkably little criticism from any quarter. This 
lack of criticism was due in part to the military Government's 
popularity in 1986, in contrast to that of its predecessor. 

b. Freedom of Peaceful Assembly and Association 

The military Government's ban on "politics" has not been 
interpreted to require the dissolution of existing political 
parties, but it precludes political meetings and rallies. 
Nonpolitical organizations and professional groups continue to 
exist and hold their regular meetings. 

Numerous individuals within the society meet privately to 
discuss politics and may be working out future strategies for 
their activities as members of political parties when the 
current ban is ultimately lifted. The military Government 
takes a relaxed view of this situation and has made no attempt 
to inhibit such political discussion and advance planning. 

All trade unions in Lesotho enjoy the right to organize, 
bargain collectively, and strike. However, trade unionism has 
played a relatively minor role in society, largely because of 
the small size of the modern manufacturing, retail, and service 
sectors. In 1984 the Government intervened to urge the 
formation of a single trade union confederation after 
negotiations for the merger of the two existing confederations 
broke down. Although some opposition to the new confederation 
lingers, 24 of Lesotho's 28 trade unions participated in the 
Lesotho Congress of Free Trade Unions' (LCFTU) first convention 
in May 1985 and elected the existing leadership to a 3-year 
term. The LCFTU redrafted Lesotho's badly outdated labor laws, 
and agreement to the new draft by the Employers Federation is 
expected in 1987. 

Union, government, and employer representatives have 
participated in delegations to meetings of the International 
Labor Organization and other foreign trade union organizations. 



158 



LESOTHO 

Lesotho has hosted meetings of the labor arm of the Southern 
African Development Coordination Conference, as well as 
meetings of the International Mineworkers . The LCFTU is a 
member of the democratically oriented International 
Confederation of Free Trade Unions, as well as of the 
Organization of African Trade Union Unity. 

c. Freedom of Religion 

There is no state religion in Lesotho. Free and open religious 
practice is permitted. Christianity is the dominant faith of 
the majority of Basotho, with the principal denomination being 
Roman Catholic. There is a significant Protestant minority as 
well, which is composed of the Lesotho Evangelical Church 
(Presbyterian), the Anglican Church, and a number of other 
smaller denominations. Conversion is permitted, and there is 
no indication that there is any social or political benefit 
attached to belonging to any particular sect. 

A number of church groups praised the new Government's call 
for national reconciliation, and some groups were outspoken in 
asking the Government to redouble its efforts to reintegrate 
Ntsu Mokhehle and his exiled LLA into the country's political 
life. The previous Government was critical of church groups 
and leaders, accusing them of conspiring with opposition 
political factions which supported violence. Occasionally, 
Jonathan's forces harassed prayer meetings calling for 
national reconciliation. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

As one of its first major acts, the new Government declared a 
general amnesty for all Basotho in exile, which was 
specifically aimed at Ntsu Mokhehle, exile leader of the 
Basotho Congress Party (BCP), and his followers. The 
Government maintains that they are free to return without fear 
of retaliation for past activities. However, Mokhehle's 
attitude indicated that he wishes to return only if he can be 
guaranteed a leading, if not the leading, position in the 
existing Government. 

According to the Lesotho Christian Council of Churches, more 
than 500 Basotho who were resident primarily in Botswana and 
South Africa, including BCP/LLA members, have returned to 
Lesotho. Their reception has been positive, despite financial 
difficulties, since the Government has limited funds available 
to assist in the repatriation process. 

Concerning refugees from South Africa, the Government wishes 
to reduce tensions with South Africa and at the same time has 
declared its intent to honor past commitments to receive all 
refugees who cross into Lesotho seeking asylum. Accordingly, 
the Government arranges movement of all refugees into amenable 
third countries, primarily Zambia, Tanzania, and Kenya, as 
soon as possible after they are formally registered as 
refugees. To prevent ANC armed acts against South Africa from 
Lesotho territory, the Government announced in midyear that 
all foreign nationals who enter or who previously had entered 
Lesotho improperly must register as refugees or they would be 
subject to repatriation to the country from which they came. 
By the time this policy was announced, many ANC and other 
activists had already departed Lesotho. 



159 



LESOTHO 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

The military Government which assumed power in January 1986 
announced that it intends to remain in place until the process 
of national reconciliation has been effected. No terminal 
date for this process has been announced, nor has any tentative 
schedule been set for return to civilian rule, elections, or 
constitutional revision. Thus, the Basotho people currently 
do not have the freedom to replace the existing Gcverrxm,ent , 
but, after 16 years of authoritarian rule by the Jonathan 
regime, the initial popular reception of the new Government 
was generally positive, especially its goal of national 
reconciliation. 

The Government initiated one political institution-building 
step in 1986 that may ultimately lead to a tiered system of 
indirectly elected representative organs. At the end of the 
year, each village in Lesotho was in the process of 
establishing a Village Development Committee, with members of 
the Committee initially selected by village consensus. The 
objectives of these Village Committees were not clear but 
seemed aimed at determining the line of economic development 
the village should pursue, seeking funds for individual 
development projects, and then implementing them. The 
Government also began preliminary planning for regional and 
ward development committees as the next steps in developing 
political bridges between the villages of the country and the 
national Government. King Moshoeshoe, in a speech to the 
nation December 24, called the committees "town councils" and 
said he viewed them as "the beginning of a road to a national 
assembly of the future." 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The human rights situation in 1986 has drawn no known interest 
on the part of international human rights organizations. There 
is no reason to believe that the new Government would be 
unwilling to discuss human rights issues with outside 
organizations . 

In past years, representatives of Amnesty International have 
visited Lesotho to investigate human rights conditions and 
have been provided access to some security detainees who 
complained of abusive treatment. In general, the Jonathan 
Government attributed alleged human rights violations to an 
excess of zeal or indiscipline by low-level police or military 
officials, stated that such violations were not sanctioned by 
Government policy, and pointed to the judicial remedies 
available in the courts. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

The Basotho nation is one of the rare national entities on the 
African continent without a minority problem. All citizens 
are basically of Basotho stock or have married into the Basotho 
tribal grouping. The expatriate communities are small and not 
considered to be a major factor in the country's political 
life. Exiles from South Africa have from tim.e to time 
encountered some discrimination, since these exiles are often 
viewed as magnets for real or fancied South African political 
or armed intervention. 



160 



LESOTHO 

All Basotho have fairly equal opportunities, although in the 
areas of property and contracts married women's rights are 
limited by law and custom. For example, a married woman 
cannot apply for a loan without her husband's written consent. 
Women in Lesotho have traditionally been the stabilizing force 
in the home and in the agricultural sector, given the absence 
of over 100,000 Basotho men who work in South Africa. There 
are more female than male children who complete primary and 
secondary schools. Better use of women's talents and abilities 
will depend on their access to credit, changes in land tenure 
laws, and cultural practices. The new Government has not yet 
addressed the issue of women's rights. 

CONDITIONS OF LABOR 

Roughly, 90 percent of the labor force in Lesotho is employed 
in traditional agriculture. The prospect of better paying 
jobs has attracted more than half of Lesotho's male labor 
force to the Republic of South Africa. Most of the migrant 
laborers work in South Africa's gold and coal mines. 

Lesotho's Employment Act of 1967 spells out basic workers' 
rights, including a 45-hour workweek, a weekly rest period of 
at least 24 hours, 12 days' paid leave per year, and pay for 
public holidays. Employers are required to provide adequate 
light, ventilation, and sanitary facilities for employees and 
to install and maintain machinery to minimize the risk of 
injury. Children under 14 years of age are prohibited from 
employment in other than family businesses. Children under 16 
are not allowed to work in excess of 8 hours a day, and 
employers are prohibited from employing any child in hazardous 
conditions. The Government sets minimum wages for various 
types of work. In practice, these regulations are generally 
followed within the wage-scale economy. 



161 



U. S.0VERSE4S 



•LOANS aNO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: LESOTHO 



1984 



1985 



1986 



I.cCON. ASSIST. -TOTAL.., 

LOANS 

GRANTS 

A. AID 

LOANS , 

GRANTS 

(SEC. SUPP. ASSIST.) ... 

B.FOOO FOR PEACE 

LOANS 

GRANTS 

TITLE I-TOTAL 

REPAY. lU t-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAL 

E. RELIEF. EC.OEV % WFP, 

VOL. RELIEF AGENCY 

C. OTHER ECON. ASSIST... 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST. -TOTAL, 

LOANS , 

GRANTS , 

A. MAP GRANTS , 

B. CREDIT FINANCING., 
C.INTL MIL. ED. TRNG. , 
D.TRAN-EXCESS STOCK, 
E. OTHER GRANTS , 



III. TOTAL ECON. i MIL. 

LOANS 

GRANTS 



22.2 


20.2 


11.5 


0.3 


0.0 


0.0 


22.2 


20.2 


11.5 


10.0 


10.8 


10.0 


0.0 


0.0 


0.0 


10. a 


1D.8 


10.0 


0.0 


0.0 


0.0 


10.7 


8.0 


0.0 


0.0 


3.0 


0.0 


10.7 


8.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


10.7 


3.0 


0.0 


4.6 


2.7 


0.0 


S.I 


5.3 


0.0 


1.5 


1.4 


1.5 


0.0 


0.0 


0.0 


1.5 


1.4 


1.5 


1.5 


1.4 


1.5 


0.0 


0.0 


0.0 


O.D 


3.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


0.0 


0.0 


0.0 


3.0 


22.2 


20.2 


11.5 


0.0 


0.0 


0.0 


22.2 


20.2 


11.5 



OTHER US LOANS. .., 
EX-IM BANK LOANS, 
ALL OTHER 



0.0 
0.3 
0.0 



0.0 

0.0 
3.0 



0.0 
0.0 
3.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1935 1986 



1946-86 



TOTAL 


32.7 


51.2 


0.0 


233.7 


IBRD 


0.0 


0.0 


43.0 


0.0 


if: 


0.0 


0.0 


0.0 


0.3 


IDA 


15.2 


13.5 


0.0 


98.9 


103 


0.0 


0.0 


0.0 


a.o 


A03 


0.0 


0.0 


0.0 


0.0 


afdb 


16.6 


36.1 


0.0 


105.3 


UNDP 


0.9 


1.6 


0.0 


25.9 


OTHER-UN 


0.0 


0.0 


0.0 


3.3 


E=: 


0.0 


o:o 


0.0 


0.0 



162 



LIBERIA 



Liberia is in a transition from military to civilian rule. 
Legally, the process is nearly complete. The Second Republic 
of Liberia came into being on January 6, when the new 
Constitution became effective. Samuel K. Doe, previously head 
of the military government which came to power in a 1980 coup, 
remains in the executive mansion as President and head of the 
National Democratic Party of Liberia (NDPL), the ruling 
political party. The legislature, consisting of a House and 
Senate along American lines, and the Supreme Court and lower 
courts are in place and functioning. Elections to complete 
the civilianization process in municipal and county offices 
took place in late 1986 and were scheduled to continue in 
early 1987. 

Politically, however, Liberia has not overcome the controversy 
and uncertainty caused by events which occurred during the 
transition. The 1980 coup and the interim 5 years of military 
rule also have witnessed an unprecedented degree of political 
violence. This violence included public executions of former 
government officials, widespread political thuggery, and an 
aborted coup attempt by exile dissidents in 1985. While 
Liberia is no longer ruled by a military government, the army, 
whose enlisted members are generally poorly educated and 
inclined toward petty extortion, continues to provide the major 
support for the current administration. There is also a new 
element of tribalism, with President Doe's small Krahn tribe 
dominating a new elite in somewhat the same way the Americo- 
Liberians he and his enlisted colleagues overthrew in 1980 
dominated Liberia for 140 years. Domestic tension heightened 
in late 1985, when October elections — in which Doe's NDPL ' s 
claim of a narrow victory was widely believed to have been 
fabricated — were followed a month later by a coup attempt 
launched from neighboring Sierra Leone by exile dissidents. 
The bloody coup attempt, followed by harsh government 
reprisals, reintroduced political violence on a scale similar 
to the 1980 coup and left bitter memories on all sides to be 
overcome . 

Suspicions remain on both sides. Intimidation has not been 
eliminated, sometimes occurring by unruly government 
followers, and Liber ians have valid reason to be concerned 
about the prospect of undisciplined military forces and 
coercive political measures. During most of 1986, government 
restrictions fell heavily on opposition parties, particularly 
in the aftermath of the abortive November 1985 coup. 
Opposition meetings were prohibited or broken up, and the 
supporters harassed. Their efforts to form a "grand coalition" 
of opposition parties were blocked by the Government's 
contention that such a coalition was patently illegal, and 
their leaders consequently faced contempt proceedings which 
resulted in a judge incarcerating three of them in Liberia's 
maximum security prison. 

Liberia's mixed economy suffered a significant decline in 1986, 
with foreign exchange shortages and continued government 
mismanagement accelerating an economic decline. The lack of 
government fiscal discipline and serious mismanagement are the 
most important factors in the current economic difficulties, 
exacerbated by large foreign debts, weak export markets, and 
widespread misuse of government funds. The Government has 
conducted a fairly comprehensive analysis of the problem and 
formulated an economic recovery program, but its implementation 
is seriously flawed. 



163 



LIBERIA 

During 1986 Liberian society struggled to recover from the 
events of late 1985, and, by the end of the year, political 
conditions had improved substantially. There were efforts at 
national reconciliation negotiations between the Government 
and opposition leaders, all political prisoners were released, 
no newspapers were banned (although three different papers 
were the target of various government actions and there is 
considerable self-censorship), the legislature was beginning 
to assert its constitutional prerogatives, and travel rights 
had been restored to former detainees. While the December 
legislative byelections and municipal elections appeared fair, 
the only opposition party participating in those elections 
withdrew 3 days before the voting. Administrative 
arrangements were faulty, but there were no serious 
allegations of organized or widespread fraud. There was no 
evidence of politically motivated killings or disappearances 
during 1986, and the extent of political violence and 
intimidation decreased steadily. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were substantial numbers of killings during 1985, some 
connected with the attempted November 1985 coup and many more 
with subsequent reprisals. Reports of these violent reprisals 
in late 1985 continued to emerge during early 1986. There was, 
however, no evidence of political killings occurring during 
1986. 

b. Disappearance 

As was the case with political killings, reports of 
disappearances associated with the 1985 coup attempt 
occasionally surfaced later. There was no evidence of official 
complicity in disappearances during 1986. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

The new Constitution, implemented on January 6, 1986, states 
that no person charged, detained, or otherwise held in 
confinement shall be subject to torture or inhuman treatment. 
Beating and abuse of prisoners — both criminal and political — is 
fairly common. While there is no evidence that these beatings 
have official sanction, there have been no evident government 
efforts to halt them. There have been instances of government 
soldiers abusing opposition party officials. Two members of 
an opposition political party were beaten severely by executive 
mansion bodyguards prior to a planned political rally. After 
they were released from the hospital, they were brought to 
court to answer charges of holding a rally without a permit. 
In another case, soldiers took two opposition party officials 
to a military barracks where they said they were tortured and 
beaten. The officials said the soldiers tried to force them 
to make statements against the leadership of their party, 
which they refused to do. They were released and hospitalized. 
Soldiers have also been involved in beatings and abuse of 
nonpolitical civilians. Soldiers reportedly flogged eight high 
school students for allegedly stealing $1,000. 



164 



LIBERIA 

Prison conditions are bad. Cells are often small, over- 
crowded, and without windows or ventilation. Food, exercise 
opportunities, and sanitation facilities are usually 
inadequate. An opposition leader complained that she and 
other prisoners in her group were not fed the first 3 days of 
their incarceration, probably due to inept prison management. 
Allegations of abuse and degrading treatment within the prison 
system are widespread. The maximum security prison at Belle 
Yella is notorious for its harsh regimen, including hard labor 
and especially poor living conditions. 

d. Arbitrary Arrest, Detention, or Exile 

The Constitution guarantees due process of law. Though police 
must have a warrant for arrests and persons must be charged or 
released within 48 hours, in practice these constitutional 
guarantees in 1986 were often ignored in political cases. 
Persons have the right to legal counsel and to bail in 
noncapital offenses. Where the accused is unable to secure 
his or her own lawyer, the court is required to provide legal 
services. There was only one case in 1986 which involved a 
court-appointed attorney. Monrovia has an abundance of 
attorneys who regularly handle civil and criminal cases, often 
without payment. 

As many as several hundred persons, detained in the aftermath 
of the November 12, 1985, coup attempt, were detained without 
charge or any judicial review of their detention for several 
months into 1986. All were released in June. One prominent 
opposition party leader, arrested shortly after the attempted 
coup in November 1985, still had not been brought to trial 
6 months later. There were allegations that the grand jury 
wanted to dismiss the case for lack of evidence, and an 
indictment was brought in her case only after some members of 
the grand jury were arbitrarily replaced. When finally 
indicted in April, the indictment itself did not conform to 
minimum international legal standards since the charges 
included such acts as "overtly embracing" an alleged coup 
plotter. The preliminary trial proceedings were under way on 
June 6 when President Doe announced a general amnesty for all 
those involved in the November 12, 1985, coup attempt. In 
another case, an opposition leader, arrested and charged with 
sedition, was denied access to counsel for 4 days. Six 
members of the Liberian Border Police were held for nearly 7 
months in detention before they were formally charged with 
treason. They were also released in the June 6 amnesty. 

Some miscarriages of justice appear due more to administrative 
slip-ups than to malice. For example, the Monrovia city court 
released several detainees, held for 2 to 3 months, from the 
central prison because no writs of arrest could be found, and 
there was insufficient evidence for their conviction. 

The Constitution prohibits forced labor, and the practice is 
firmly condemned by the Government. 

e. Denial of Fair Public Trial 

Liberia's civilian court system is based on Anglo-American 
jurisprudence. The Constitution guarantees fair public trials 
and states that there shall be no interference with the 
lawyer-client relationship. There are constitutional 
guarantees for lawyers against government sanctions or 
interference in the performance of legal services. Three 
lawyers, active in human rights and political cases, were 



165 



LIBERIA 

suspended from practice by the Supreme Court, one for 2 years 
and the other two for 1 year each. They were suspended as a 
result of what the court called "unethical and unprofessional 
zeal" in defense of opposition politicians in the "grand 
coalition" case. The legal system is often subject to 
manipulation by the Government, but the opposition employs 
technicalities to its own advantage as well. Reports of 
financial or political pressure on lower courts are not 
uncommon, but there is generally greater respect for Supreme 
Court rulings. 

In one of the most prominent cases of the year, the Supreme 
Court charged four opposition leaders with contempt and ordered 
each to pay a fine of $1,000 or go to jail. This was based on 
a June 23 press statement in whi^.. the opposition parties 
referred to themselves officially as a "grand coalition" in 
violation of an earlier ruling declaring the "grand coalition" 
an illegal entity since it had not undergone the proper 
registration procedures. One of the opposition leaders paid 
the fine and was released, three others refused and were taken 
to the Monrovia central prison. They were subsequently 
transferred to Belle Yella, a maximum security prison in Lofa 
County, for what the Government said were security reasons, 
but the transfer was contrary to the writ of arrest and 
constitutional guarantees against detainees being incarcerated 
among convicted prisoners. 

The wives of the three jailed opposition leaders submitted a 
writ of habeas corpus to a Monrovia court to challenge the 
legality of their husbands' detention. The judge denied the 
writ on the grounds that he had no authority in Supreme Court 
cases. Their fines were later paid, and they were released. 

There are credible reports that the Government pressures 
judges in political cases. The presiding judge in the 
well-publicized treason trial of alleged coup participants was 
accused of bias for his handling of the case. There were 
credible reports that partisans from both the prosecution and 
the defense attempted to bribe the jury. Reportedly, the judge 
attempted to intimidate the jury when it failed to render a 
guilty verdict. Court proceedings came to a standstill when 
the judge left the city after reading the verdict privately 
and did not return until ordered to do so by his superiors. 
He ordered a retrial, but the defendants were released on 
June 6 under the general amnesty before the case could be 
retried. The Liberian National Bar Association submitted a 
petition calling for the judge's impeachment as a result of 
his actions during the trial. 

Traditional courts, presided over by tribal chiefs, are not 
bound by common law or conventional judicial principles but 
apply customary and unwritten law to domestic and land 
disputes as well as petty crimes. These decisions may be 
reviewed in the statutory court system or appealed to a 
hierarchy of chiefs; administrative review by the Internal 
Affairs Ministry and, in some cases, a final review by the 
Head of State may follow. Allegations of corruption and 
incompetence in the traditional courts are common. 

There are currently no known political prisoners in Liberia. 
In addition to the June 6 general amnesty. President Doe in 
September granted clemency to two military officers detained 
because of alleged involvement in an April 1985 assassination 
attempt . 



166 



LIBERIA 

f . Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The Constitution guarantees the rights of individuals against 
interference with privacy of person, family, home, or 
correspondence except by court order . 

For the most part, Liberians are free of invasion of privacy 
or state interference in their lives. However, despite 
significant improvement since the immediate post-1980 coup 
period, military indiscipline remains a problem reflecting a 
general lack of professionalism in the armed forces. This 
surfaces in random instances of harassment of the civilian 
population, such as vehicle searches, shakedowns, or arbitrary 
interrogations. In some instances, persons are compelled to 
undergo further questioning at police or military headquarters. 
Members of the opposition complain frequently about 
surveillance by government security officials. At one point 
in 1986, several opposition leaders avoided sleeping in their 
own homes, but this is no longer the case. In at least one 
case, government agents maintained conspicuous surveillance of 
one opposition personality and subjected her and her family to 
blatant harassment, including threats of physical harm. 
Opposition members often complain that their telephone calls 
are monitored. 

Thefts from the local mail have been reported, and there have 
been instances of tampering with international mail. There is 
no evidence that this is officially sanctioned. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The right to freedom of expression is guaranteed by the 
Constitution and includes freedom of speech and of the press. 
The Constitution also stipulates that persons are held "fully 
responsible for the abuse thereof." Decree 88a, passed by the 
military Government in 1984, declares the spread of "rumors, 
lies, and disinformation" a felony. During its 1986 session, 
the Senate voted to repeal Decree 88a, but the House of 
Representatives did not, and it remains in force. 

There were five daily newspapers being published in Monrovia at 
the end of 1986, only one of which is government controlled. 
Among the independent papers, there is considerable open 
sympathy toward opposition viewpoints. 

At the opening of the rural radio system. President Doe issued 
a warning to journalists, stating that "any journalist caught 
disrupting the peace and stability of the nation will be dealt 
with under the law and will be barred from practicing 
journalism." In August the Information Minister asserted that 
some journalists were in the pay of the opposition and that 
those who abused their constitutional guarantees would be 
subject to the penalties of the law. He also warned foreign 
journalists that anyone provoking disunity would be deported. 

Such warnings and administratively imposed fines resulted in a 
certain degree of self-censorship. In April one independent 
daily newspaper was fined $200 by a senate committee for 
failure to credit the official news agency with a certain 
statement about a student demonstration. In August the 
Ministry of Information fined another daily newspaper $1,000 
for incorrectly reporting the death of an imprisoned opposition 



167 



LIBERIA 

leader. The newspaper refused to pay the fine, and the 
newspaper's stance was sustained by the courts. The following 
month, the Sun Times newspaper was fined $3,000 for reprinting 
a resolution passed in July by a Liberian opposition group in 
the United States which was highly critical of President Doe's 
Government and called for imposition of economic sanctions 
against Liberia until he was overthrown. The newspaper's 
license was revoked when it did not pay the fine within the 
prescribed period. The newspaper must pay the fine and 
reregister before it can resume publication. 

The independent Daily Observer, which had been banned in early 
1985, reopened in August 1986. A mysterious fire in March in 
its publisher's office prevented the paper from resuming 
publication earlier. The publisher also received threats from 
government officials. The editor of another independent 
newspaper. Footprints, cited financial problems and a 
government threat as reasons for his decision to cease 
publication. In March President Doe lifted the ban on the 
Press Union of Liberia. Practicing journalists are required 
to be accredited by the Minister of Information, but 
procedures procedures are lax and there are journalists, 
including foreigners, without up-to-date accreditation. 

The authority for government sanctions against independent 
newspapers is based on Decree 46, which established the 
Ministry of Information and gave it supervisory power over the 
media. The spirit of Decree 46 appears to contradict the 
guarantee of a free press contained in the Constitution 
enacted January 6. However, the Supreme Court has not been 
asked to rule on the matter. 

There is no general prohibition against receiving foreign 
publications, but the Government occasionally bans a 
particular issue of a foreign periodical. The magazine West 
Africa, which published articles critical of President Doe, is 
still banned in Liberia. 

The government-controlled Liberian Broadcast System runs one 
radio and one television station which give priority to 
government news. The Government's rural communication network 
offers a combination of entertainment and development 
information to otherwise isolated areas. Two religiously 
affiliated, independent radio stations are in operation and 
report critically on local events, though their news programs 
have also been subjected to government scrutiny. 

b. Freedom of Peaceful Assembly and Association 

The right to peaceful assembly and association is guaranteed 
in the Constitution. A 1975 law requires permits for public 
marches and demonstrations. Government auditoriums and 
schools are theoretically open for use by all parties. 
However, there are frequent opposition complaints of unfair 
treatment in practice. Permits for rallies and marches are 
only selectively granted. When opposition meetings do take 
place, participants have been subjected to intimidation and 
harassment. Joint rallies and even organizational meetings of 
the collective opposition are not allowed. An opposition 
rally scheduled for March 21 was stopped by a writ of 
prohibition issued by the Supreme Court. The Supreme Court 
ruled that the rally was illegal because, among other reasons, 
the group had not requested permission from the Ministry of 
Justice in accordance with the 1975 law. In April another 
rally in Monrovia ended in violence. The leaders of the 



168 



LIBERIA 

opposition party and 37 supporters were arrested and charged 
with not having a permit for the rally. The charges were 
subsequently dropped. 

In early August, three opposition parties wrote separate 
letters to the Justice Ministry requesting permission for a 
march on August 18. The Justice Minister warned that the 
march was illegal on the grounds that the Supreme Court had 
ruled that the three parties operating as one entity 
constituted an illegal association. At the same time, an 
organization of "concerned women" publicized plans for a 
similar march on the same day to deliver a petition of 
grievances to the Justice Ministry and then an identical 
petition to the American Embassy. After warnings from the 
Justice Ministry that such marches were illegal and 
inflammatory, the women held a prayer service attended by the 
"concerned women," as well as other opposition party members. 
After the service, some demonstrators began walking toward the 
Ministry, and the police used tear gas to disperse the crowds. 
Three people — two "concerned women" and one journalist — were 
briefly arrested. 

The ruling NDPL party maintains a "task force," composed of 
several hundred young men, mostly unemployed, which opposition 
parties claim exists for the sole purpose of harassing and 
intimidating political opponents. Confrontations between 
party zealots — e.g., the ruling party's task force and 
opposition bodyguards and some members — were frequent, 
particularly early in 1986. The task force disrupted an 
opposition rally outside Monrovia, beating participants. The 
Government says it does not authorize such activities, and 
33 task force members were arrested. In August other incidents 
against opposition leaders led to the arrest of 12 task force 
suspects. Early in January 1987 a number of task force leaders 
were detained on misdemeanor writs issued by the Ministry of 
Justice in connection with threats against government officals. 

There is no formal policy within the Government or business 
community requiring membership in the ruling NDPL. However, 
many Liber ians believe that a prospective employee's chances 
are substantially improved if he is an NDPL member. Continuing 
to hold a government position is also allegedly easier if one 
is an NDPL member. Most senior officials of the major 
opposition parties who had been employed by the Government or 
state-owned organizations lost those jobs. 

In 1986 the House of Representatives voted to repeal the 1981 
Decree 2a, which bans student political activity on campuses. 
Although the Senate has not yet acted, and Decree 2a 
technically remains in effect, the students have been involved 
in political activities on campus without restrictions and with 
the approval of the universities and the Government. Student 
elections were held without incident at Cuttington University 
in June and at the University of Liberia in October. 

Workers have the right to form unions, organize, and bargain 
collectively. Liberia has a national trade union 
confederation, the Liberian Federation of Labor Unions (LFLU), 
as well as several independent unions. Organized labor 
represents only 20 percent of the workers in the monetary 
sector of the economy. Approximately 70 percent of all 
workers are engaged in subsistence agriculture and are not 
affected by the union movement. Union organizing, collective 
bargaining, and the internal operations of trade unions are 
largely free from government interference. Decree 12 of the 



169 



LIBERIA 

military Government outlawing strikes is still operative in 
Liberia, but brief strikes have occurred despite this ban. In 
two strike actions this year, the workers returned to work 
after the Supreme Court issued an injunction against the 
strike. Underlying the strike actions was the issue of union 
recognition. In one case, the newly created labor court ruled 
for management against the workers, who had struck to protest 
management's refusal to recognize their union since they work 
for state-owned corporations. The labor court ruled that the 
strike would have led to chaos and would have robbed the 
Government of much needed revenue. The other strike action is 
currently awaiting a Supreme Court ruling and concerns a union 
still in the process of accreditation. 

The LFLU is a member of the Brussels-based International 
Confederation of Free Trade Unions, as well as the continent- 
wide Organization of African Trade Union Unity. In 1985 the 
Liberian Government was cited by the International Labor 
Organization (ILO) for violations of ILO Convention 87, 
regarding freedom of association, because Liberian legislation 
does not recognize the right of Liberians in the public 
service or in government enterprises to unionize or the right 
to strike. The Liberian Government, the unions, and employers 
have jointly drafted a new labor code which eliminates the 
objectionable legislation cited by the ILO, but the new labor 
code has not yet been passed by the Senate. An ILO 
representative visited Liberia in 1986 to promote the labor 
code and encourage its passage. 

c. Freedom of Religion 

The Constitution states that freedom of religion is a 
fundamental right of all Liberian citizens. No religion has 
preference over any other, and there is no established state 
religion. Christianity, brought by 19th century settlers and 
spread through the interior by missionaries, has long been the 
religion of the political and economic elite. The majority of 
the rural population continues to practice local religions. 
Approximately 20 percent of the population is Muslim. The 
Liberian Council of Churches, an organization comprised of 
most of the Christian sects in Liberia, has earned the respect 
of Liberian society and played a major role in the ongoing 
reconciliation efforts between the Government and the 
opposition parties held in mid-1986. During 1986 reports 
surfaced of conflict between several Christian communities and 
the traditional and secret male initiation society, Poro, 
resulting in beatings of church members and damage to church 
properties. The dispute revolved around Poro assertions that 
Christian clergy were divulging Poro secrets in their campaign 
to win converts. The Government sent officials to investigate 
and subsecjuently convoked tribal leaders to Monrovia, but thus 
far it has been unsuccessful in eliminating the problem. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

The Constitution guarantees every person the right to move 
freely throughout Liberia and to leave and enter Liberia at 
any time. In practice, however, both domestic movement and 
foreign travel sometimes are restricted. Police and military 
check points were evident within Monrovia and throughout 
Liberia, although less so as the year wore on. This has the 
effect of impeding movement, especially after dark, when 
police check private and public transportation. It is common 



170 



LIBERIA 

for individual citizens to pay bribes at the checkpoints to 
avoid being harassed. 

Exit visas are required for departure and occasionally are 
denied. A week after President Doe granted executive amnesty 
to all persons accused of activities related to the November 
1985 coup attempt, the Government imposed a foreign travel ban 
on them, and a number of passports were confiscated. The ban 
was lifted in late December. One opposition leader, under the 
restrictions of the travel ban and denied an exit visa, fled 
the country. Another opposition official, after having 
received an exit visa, had her passport confiscated at the 
airport, although it was later returned, and she was allowed 
to leave. In midyear, while Monrovia teachers were on strike, 
the president of the teachers' union was denied an exit visa 
to take advantage of a United States Information Service 
international visitor's grant. Opposition party figures on 
occasion have been prevented from leaving Monrovia to travel 
in the interior. 

Refugees are not generally forced to return to the countries 
from which they have fled. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Political power remains concentrated in the hands of the 
President and ruling party, the NDPL, which still rely to a 
large degree on the military for control. The legislature is 
dominated by the NDPL, and although the Government, if 
determined, can get its way, consultations take place and the 
legislature is beginning to assert itself. Liber ians have 
long maintained at least a formal com.mitment to democracy and 
the importance of law in society. In 1985 multiparty elections 
took place, and legislative byelections and municipal elections 
were held in late 1986. The 1985 elections were marred by 
significant irregularities, but the 1986 elections were 
apparently open and fair. Decree 88a, the courts, the 
elections commission, and the police have been employed to 
constrain opposition parties and leaders. Thus, in Liberia, 
despite constitutional guarantees and universal suffrage, 
representative democracy has not yet been achieved. 

The new Constitution of the Second Republic prohibits the 
creation of a one-party state. Free and fair elections by 
secret ballot are guaranteed. The Constitution provides for 
an elections commission to monitor all political activities in 
the country. The elections law empowers the commission to 
certify parties, conduct all elections, and count election 
ballots. The five commission members are appointed by the 
executive for life and currently are all ex-NDPL members. 
Representatives of the opposition argue, therefore, that a 
prerequisite for fair elections is the creation of a more 
independent vote-counting mechanism. 

The opposition accuses the elections commission of abusing its 
powers under the Constitution and elections law to limit the 
effectiveness of the opposition parties. They cite commission 
threats to revoke the registration certificates of the three 
opposition parties for continuing to act as a "grand coalition" 
in violation of the Supreme Court ruling. President Doe also 
has publicly and arbitrarily warned the opposition leaders not 
to function as a single political entity. 



171 



LIBERIA 

The first byelections were held in December. Six legislative 
seats were contested, and the NDPL won all six. Three 
opposition parties refused to participate. A fourth party, 
the United Peoples Party (UPP), was unbanned in October. It 
had proposed candidates in the by-elections but withdrew 3 days 
before the elections. The UPP ' s complaints about election 
procedures were largely met a week before polling day. 
Independent candidates also participated and were elected, but 
turnout was very low in these municipal elections and 
byelections . 

President Doe and the opposition parties (excluding the UPP) 
held reconciliation talks under the auspices of the Liberian 
Council of Churches in May and June. The talks broke down 
over opposition demands for new general elections. 
Reconciliation efforts under private auspices started again in 
October. The Liberia People's Party (LPP) remains technically 
banned. However, members of the LPP have affiliated themselves 
with other groups, and the LPP as an organization has 
virtually disappeared from the local scene. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government met with an official from the International 
Committee of the Red Cross (ICRC) in February and allowed an 
ICRC representative to meet privately with all political 
prisoners in February. Foreign observers, including the 
American Bar Association, Amnesty International, The Lawyers 
Committee for Human Rights, The International Human Rights Law 
Group, and The Fund for Free Expression were allowed to cover 
the treason trial of James Holder, Robert Phillips, and 
Anthony Marguee. 

After press speculation about the health of the three 
opposition leaders held temporarily at Belle Yella, the 
Government permitted representatives of the independent press 
and a film crew to fly to the prison to interview the 
prisoners. The three prisoners appeared healthy and talked 
freely. 

A nonpartisan group of Liberians formed a human rights 
organization in Monrovia called The National Alliance for 
Peace and Human Rights. The Government did not cooperate in 
its request for formal incorporation, but there has been no 
attempt to prevent it from meeting. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

The Constitution states that "only persons who are Negroes or 
of Negro descent" shall qualify by birth or naturalization to 
be citizens of Liberia. The Constitution also states that 
only Liberian citizens can own land. Otherwise, there is no 
officially sanctioned discrimination on the basis of race, 
sex, religion, language, or social status. 

President Doe's small Krahn tribe has a predominant role in 
the new elite which has been established since the overthrow 
of the Amer ico-Liberians in 1980. Members of the Krahn tribe 
hold a disproportionate number of posts in the Government and 
the military. 



172 



LIBERIA 

The status of women varies depending on the region of the 
country. In urban areas and along the seacoast, women can 
inherit land and property. In rural areas where traditional 
ties are strongest, a woman is normally considered the 
property of her husband and his clan and is not usually 
entitled to inherit from her husband. In newly urban areas, 
many women are subject to both customary and statutory legal 
systems. Female circumcision is widely practiced by those 
Liberians following traditional religions. Women in Liberia 
have held ministerial and ambassadorial positions and are 
represented in the professions throughout the modern economy. 
Women hold two cabinet posts and several national judicial 
positions. There are two women in the national legislature, 
one in the Senate and one in the House. The Ambassador to the 
United States is a woman. 

co^roITIONs of labor 

Liberia's labor laws provide for minimum wages and health and 
safety standards. The workweek is normally 40 hours. 
Inspection is not rigorous, however. Employees are prohibited 
from employing children under 16 years of age during school 
hours. This is a difficult statute to enforce, especially 
since many children are engaged in subsistence farming. Any 
employee can file a grievance with a labor inspector. A labor 
court was created in 1986 to address grievances of recognized 
labor unions. 



173 



U.S-OVERSEAS 



■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: LIBERIA 



1934 



1985 



1936 



I. ECON. 
LO 
GR 
A. AIO 
LO 
GR 
(SEC 
B.FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
E.REL 
VOL.R 
C.OTHE 
LO 
GR 



ASSIST. -TOT AL. 

ANS 

ANTS 



ANS 

ANTS 

.SUPP. ASSIST.) ... 

FOR PEACE 

ANS 

ANTS 

I-TOTAL 

. I"J S-LOANS 

IN FOR. CURR 

II-TOTAL 

lEF.cC.DEV 5 WFo. 

ELIEF AGENCY 

R ECON. ASSIST... 

ANS 

ANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST. -TOTAL, 

LOANS 

GRANTS 

A. MAP GRANTS , 

3. CREDIT FINANCING.. 
:.INTL MIL.ED.TRNG. . 
D.TRAN-EXCESS STOCK. 
E. OTHER GRANTS 

III. TOTAL ECOM. 

LOANS 

GRANTS.... 



MIL, 



66.3 


69.1 


47.3 


15.0 


6.0 


0.0 


51.0 


63.1 


47.8 


43.0 


59.5 


44.9 


0.0 


0.0 


0.0 


48.0 


59.5 


44.9 


35.0 


43.0 


28.7 


15.1 


6.0 


0.0 


15.0 


6.0 


0.0 


0.1 


0.0 


0.0 


15.0 


6.0 


0.0 


15.0 


6.0 


0.0 


0.0 


0.0 


0.0 


0.1 


0.0 


0.0 


0.1 


0.0 


0.0 


0.0 


0.0 


0.0 


2.9 


3.6 


2.9 


0.0 


0.0 


0.0 


2.9 


3.6 


2.9 


2.9 


3.6 


2.9 


0.0 


0.0 


0.0 


•0.0 


0.0 


0.0 


12.8 


13.2 


5.7 


0.0 


0.0 


0.0 


12.8 


13.2 


5.7 


12.0 


12.0 


4.3 


0.0 


0.0 


0.0 


0.8 


1.2 


0.9 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


78.8 


82.3 


53.5 


15.0 


6.0 


0.0 


63.8 


76.3 


53.5 



OTHER US LOANS 0.0 


0.0 0.0 


EK-IM BAN< LOANS 0.0 

ALL OTHER 0.0 


0.0 0.0 
0.0 0.0 






ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1935 1936 


1946-36 



TOTAL 


93.6 


11.4 


8.5 


431.7 


I3RD 


0.0 


0.0 


"0.0 


156.0 


IFC 


0.2 


0.0 


8.5 


9.2 


IDA 


18.1 


7.6 


0.0 


114.5 


1D3 


0.0 


0.0 


0.0 


'0.0 


A03 


0.0 


0.0 


0.0 


0.0 


AFD3 


79.6 


0.0 


0.0 


107.0 


UNDP 


0.7 


0.3 


0.0 


26.6 


OHER-UN 


0.0 


0..0 


0.0 


7.5 


ee: 


0.0 


3.5 


0.0 


10.9 



174 



MADAGASCAR 



Madagascar is governed by a President, a National Popular 
Assembly, both elected by direct universal suffrage, and a 
Supreme Revolutionary Council chosen by both the President and 
the National Assembly. President Didier Ratsiraka has broad 
constitutional powers, and his position is further 
strengthened by the influential role played by his political 
party, ARENA, which holds an overwhelming majority in the 
National Popular Assembly. The President's role has evolved 
in recent years into that of a power broker among various 
competing interests. Elections are actively contested within 
the controlled political framework sanctioned by the 
Government. This framework permits political activity by only 
the seven parties making up the National Front for the Defense 
of the Revolution. However, the political orientation of the 
seven parties ranges from moderate and pro-Western to 
pro-Soviet. Vigorous debate in 1985-86 National Popular 
Assembly sessions, negative votes by opposition parties, and 
an unprecedented vote against a presidential proposal (to 
establish a national business school) provide evidence that 
the Assembly is becoming less of a "rubber stamp" 
organization. The President chairs the Supreme Revolutionary 
Council which is composed of political and regional leaders 
and representatives of the military forces. The Council 
approves basic policy and guidelines, convenes and adjourns 
the National Assembly, and passes laws when the Assembly is 
not sitting. 

The Malagasy internal security system is composed of the urban 
police force and the National Gendarmerie, which has 
jurisdiction in the provinces. On occasion, the National 
Peoples' Army has also been used for internal security 
purposes . 

The Malagasy Constitution adopted in 1975 made "socialism" the 
State's political philosophy. This led to the nationalization 
of a major portion of the economy. The private sector was 
reduced to a secondary, albeit still important, role. The 
economy subsequently deteriorated as production declined, 
foreign debt rose, and unemployment grew, especially among the 
youth (60 percent of the population is under age 25). 
However, in recent years the Government instituted economic 
reform measures, and agricultural production has increased. 

Fundamental liberties and individual rights are guaranteed by 
the Malagasy Constitution. However, several of these rights, 
such as freedom of the press and freedom of assembly, are 
restricted in practice. Rights such as the inviolability of 
the home and due process, may also be disregarded in cases 
involving state security. Fighting in recent years between 
paramilitary and vigilante youth groups has led to a number of 
deaths and considerable property destruction. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person Including 
Freedom from: 

a. Political Killing 

There were recurring rumors of politically motivated 
killings. In May 1986, the Minister of Defense, his Secretary 
General, and the Director of the OMNIS (the military office of 
strategic industries), were killed in a plane crash along with 
eight other people. While there is no evidence that the plane 



175 



MADAGASCAR 

was sabotaged, the Government launched an official inquiry 
into the matter, the findings of which have yet to be 
published. Amnesty International in its 1986 Report (covering 
1985) called on the authorities to investigate the death of 
Father Sergio Sorgone, a Roman Catholic priest, who may have 
been killed for political reasons by members of the T.T.S., a 
paramilitary youth group which supports the Government, as 
well as the deaths of four other priests who may have been 
victims of political killings. 

In 1986 there was no further violence involving members of the 
T.T.S. and the "kung-fu" movement. In December 1984, street 
fights between kung-fu martial arts enthusiasts and 
government-sponsored youth groups escalated into a riot. When 
the victorious kung-fu groups then began to play a vigilante 
role in Antananarivo's poorer districts and began to represent 
a threat to the State, the Government responded in August 1985 
by attacking kung-fu headquarters. The kung-fu adherents 
responded with attacks on outlying gendarmerie posts and an 
army camp. In their suppression of the kung-fu threat, the 
military entered some homes without court orders and ransacked 
them, shot some suspects on sight, and arrested others without 
formal charges. The official count of 20 dead, 31 wounded, 
and 208 arrested compares with reports from credible sources 
of 50 people killed and 300 arrested. 

b. Disappearance 

Despite one press report, there were no confirmed cases of 
politically motivated disappearance. 

c. Torture, and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

While there were no documented cases of physical torture 
occurring in Madagascar, some organizations in the security 
apparatus have a reputation for ruthless methods, notably the 
state secret police. The kung-fu prisoners have allegedly 
suffered from very cruel treatment while in detention. There 
have also been credible reports of the alleged use of torture 
by the armed forces in the Government ' s campaign against 
outlaw bandits in Madagascar's southwest. 

Malagasy prisons are overcrowded and increasingly inhumane in 
terms of living conditions. A prison built to hold 500 
prisoners in Antananarivo is said to have 1,500 occupants. 
Some prisoners are not fed regularly, medical care is not 
provided, infections are commonplace, prisoners rarely have 
the opportunity to wash, and clothing is not provided. The 
death toll rises significantly among prisoners during the cold 
winter months . 

d. Arbitrary Arrest, Detention, or Exile 

In a normal criminal case, the accused must be charged or 
released within 3 days of arrest. Defendants in ordinary 
criminal/civil cases are generally charged formally within the 
specified time frame, and, upon being charged, are allowed to 
obtain a lawyer. Counsel is readily available, and 
court-appointed counsel is provided for indigents. 

Persons suspected of activity against the State may be legally 
detained incommunicado for 15 days, subject to indefinite 
extension if considered necessary by the Government. In the 



I 



176 



MADAGASCAR 

past, certain defendants involved in coup-plotting cases were 
detained without being brought to trial for periods ranging 
from 20 months to over 5 years. Such extended periods of 
pretrial detention are exceptions and are usually limited to 
cases involving national security. 

At the end of 1986 there were 36 kung-fu members still being 
held in Arivonimamo prison with no trial planned or 
scheduled. One detainee is a woman. 

Forced labor is not practiced in Madagascar. 

e. Denial of Fair Public Trial 

The Malagasy Constitution provides for an independent 
judiciary and, in practice, the judiciary seems to function 
without outside influence from the executive. 

The judiciary has three levels of trial courts: lower courts 
for civil and criminal cases carrying limited fines and 
sentences, a Court of Appeals which includes a Criminal Court 
for cases bearing sentences of 5 years or more, and a Supreme 
Court. The judiciary also has a number of special courts 
designed to handle specific kinds of cases under the 
jurisdiction of the higher courts. A High Constitutional 
Court, with a totally separate and autonomous status, watches 
over the constitutionality of laws, decrees, and ordinances 
and ensures the legality of elections. A High Court of 
Justice, charged with prosecuting malfeasance in the 
government, is provided for in the Constitution but has never 
come into existence. A Military Court has jurisdiction over 
all cases involving national security. 

A trial date and court have not yet been announced for the 
36 kung fu adherents who remain in prison. The trial could 
take place in either the Military Court or the Criminal Court 
of the Court of Appeals. 

f . Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The State does not generally intervene in nonpolitical aspects 
of the lives of the people. The home is inviolable under 
Malagasy law, and intrusions into an individual's residence, 
except in political or sensitive cases, must be made under the 
authority of a search warrant. Although government economic 
policies limit the choices open to an individual, the Malagasy 
may make their own decisions, without government coercion or 
interference, in such matters as changing jobs or residence, 
marriage, having children, and joining permitted political 
parties or social organizations. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Private citizens have limited freedom to criticize government 
officials and policies without fear of arrest by the local 
authorities, but such criticism must be carefully worded. 
Direct criticism of the President or the "Socialist 
revolution" is not tolerated. 

Madagascar has one of the highest literacy rates in Africa, 
and Malagasy citizens attach great importance to the press. 



177 



MADAGASCAR 

What is printed in the newspaper often has an impact on the 
nation's policy-making apparatus. Critical examination of a 
range of policy issues such as economic management, 
transportation, and education can be found in the media. 
However, censorship is prescribed by the Government and 
executed by the Ministry of Interior. Copies of the daily 
newspapers are submitted to the censors prior to printing. 
When censorship is enforced, the newspapers leave blank those 
columns where the offending articles would have appeared. 
There is one government owned newspaper. The two major 
independently owned newspapers are Madagascar Matin and Midi 
Madagasikara . Several other dailies and weeklies are 
published by party groups and independent publishers, 
including the outspoken and candid Catholic newspaper. La 
Croix. The Government owns the radio and television stations. 

b. Freedom of Peaceful Assembly and Association 

The rights of assembly and association are restricted. 
Permits are required to hold public meetings and can be denied 
by the Government if officials believe that the meeting poses 
a threat to the State or endangers national unity. Persons 
and groups belonging to parties of the National Front are 
permitted to organize and assemble. Nevertheless, since 
political activity by groups outside the National Front is 
prohibited, dissenting political opinion is limited. 

Although the right to organize labor unions is recognized, 
unions do not play a major role either politically or 
economically. The labor force of 4.9 million is mostly 
agrarian, and union labor accounts for less than 5 percent of 
the total. Unions are permitted to strike and conduct 
substantive wage negotiations, but because of the depressed 
economy, strikes have been few, and trade unions have been 
relatively quiescent. Most unions are affiliated with 
National Front Parties. 

c. Freedom of Religion 

The Government is secular and there is no official religion. 
There is no discrimination on the basis of religious 
affiliation, and persons are free to follow the faith of their 
choice. Missionaries and clergy are generally permitted to 
operate freely, and the Government has so far made no effort 
to restrain Christian churches which have become more active 
in criticizing government policies. Over half of the 
population is either Catholic or Protestant, with the 
remainder following traditional Malagasy religious beliefs or 
other faiths. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

The Government has imposed no restriction on travel within the 
country. Official approval must be obtained for trips outside 
the country, but there has been only one known instance in 
which approval was denied due to the person's political 
views. Foreign travel is impeded by the difficulty in 
obtaining foreign currency. The Malagasy franc is not 
convertible abroad, and the Government limits the amount of 
hard currency that can be obtained for foreign travel. There 
is no refugee population in Madagascar. 



178 



MADAGASCAR 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government. 

The electorate's choice is constrained by the nature of the 
political system, since the only political parties allowed to 
operate in Madagascar are those which are members of the 
National Front. However, there exists a range of ideological 
and policy views among the seven Front parties, and within 
this spectrum there are viewpoints represented that are at 
odds with the policies of the administration. Thus, the 
electoral process does give the voters a chance to choose 
among candidates expressing differing views in local and 
regional elections, as well as in the National Assembly and 
presidential campaigns. The 137 members of the national 
Assembly are elected by universal suffrage for 5-year terms. 
The last election was in 1983. The electoral process, 
although not completely free from irregularities, has been 
essentially straightforward in recent elections. The 
political system in Madagascar also reflects a considerable 
degree of regional balance. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government has not cooperated with groups v;ishing to 
investigate alleged human rights violations and has denied 
visas to Amnesty International representatives. When the 
President's opponent in the 1982 election campaign called for 
supervision of the elections by Amnesty International, the 
President rejected the proposal as being in derogation of 
national sovereignty. In the absence of private human rights 
groups, the Christian churches in the country have taken the 
lead in advocating human rights. Although the Government is 
sensitive to criticism emanating from this quarter, it has not 
officially responded to questions or criticisms from the 
churches or any other group. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

There appears to be no practice of institutional or systematic 
discrimination on the basis of ethnic grouping or sex in 
Madagascar. Although there are numerous indigenous ethnic 
groups, the society is relatively homogenous due to a common 
language and a tendency for disparate cultures to draw 
together in an island environment. However, ethnic Indian, 
Chinese, and French communities have experienced some 
resentment from the Malagasy mainly because of their success 
in commerce. These groups have occasionally been the target 
of local government policies favoring Malagasy nationals. 

Madagascar has what is essentially a matriarchal society, and 
a highly visible role for women has long been recognized as an 
integral part of the country's sociological framework. Women 
have a lengthy tradition of involvement in high-level 
political activity, and currently women are members of the 
Cabinet, the Supreme Revolutionary Council, and the National 
Assembly. Women are also very active and play major roles in 
the various political parties. Women have a prominent role in 
the business and economic life of the country, with many of 
them managing or owning business concerns or filling 
management positions in state industries. Education at all 
levels is open to women. However, women in rural areas and 



179 



MADAGASCAR 

J- 2 4 32 

among the poor face a greater degree of hardship. In addition 
to the responsibilities associated with child rearing and 
household management, economic necessity forces these women to 
engage in farm labor or other similar activities. These 
conditions stem more from socioeconomic factors than from a 
discriminatory bias against women in Malagasy society. 

CONDITIONS OF LABOR 

The Malagasy Work Code and its enforcing legislation describe 
the working conditions required for employees. The Code 
describes a child as any person, regardless of sex, under the 
age of 18. The minimum age for employment is 14, but the use 
of child labor is prohibited in those areas where there is 
apparent and imminent danger. There is a 44-hour workweek in 
nonagricultural and service industries. There are also 
provisions for holiday pay, sick and maternity leave, and 
insurance. The Work Code has rules concerning building 
safety, machinery and moving engines, operational safety, and 
sanitation standards. It appears that in practice, the rules 
and regulations of the Code are adhered to by employers and 
are enforced by the authorities. 



180 



U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COUNTRY: MADAGASCAR 



1984 



1985 



1986 



I.5C0N. ASSIST. -TOTAL.. 

LOANS 

GRANTS , 

A. AID , 

LOANS , 

GRANTS , 

(SEC. SUPP. ASSIST.) .., 

3. FOOD FOR PEACE 

LOANS , 

GRANTS , 

TITLE I-TDTAL 

REPAY. l*i $-LOANS...., 
PAY. IN FOR. CURR...., 

TITLE II-TOTAL. 

= . RELIEF. EC. OEV 5 WFP. 

V3L. RELIEF AGENCY 

C. OTHER ECON. ASSIST.., 

LOANS , 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST. -TOTAL. 

LOANS.. , 

GRANTS , 

a. MAP GRANTS - 

3. CREDIT FINANCING.. 
C.INTL MIL.ED.TRN3. . 
D.TRAN-EXCESS STOCK. 
E. OTHER GRANTS 



III. TOTAL ECON. S MIL. 

LOANS 

GRANTS 



13.8 


13.1 


3.1 


3.0 


11.0 


0.0 


5.3 


7.1 


3.1 


0.6 


5.4 


3.1 


0.0 


0.0 


0.0 


0.6 


5.4 


3.1 


0.3 


3.0 


2.9 


13.2 


12.7 


0.0 


8.0 


11.0 


0.0 


3.2 


1.7 


0.0 


8.0 


11.0 


0.0 


S.O 


11.0 


0.0 


0.0 


0.0 


0.0 


5.2 


1.7 


0.0 


3.9 


3.1 


0.0 


1.3 


1.6 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


O.D 


' 0.0 


0.0 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0,0 


0.0 


0.0 


0.1 


2.2 


1.5 


0.0 


0.0 


0.0 


0.1 


2.2 


1.5 


0.0 


2.1 


1.4 


0.0 


0.0 


0.0 


0.1 


0.1 


0.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


13.9 


20.3 


4.6 


8.0 


.11.0 


0.0 


5.9 


9.3 


4.6 



OTHER US LOANS. ... 
EX-IM BANK LOANS. 
ALL OTHER , 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1985 1986 



1946-86 



TOTAL...'...., 


114.3 


113.9 


52.3 


1029.7 


laRO 


3.0 


0.0 


OsO 


32.6 


if: 


3.0 


6.7 


0.0 


26.6 


IDA 


30.6 


67.0 


52.3 


545.6 


ID3 


0.0 


0.0 


0.0 


OiO 


ADS 


3.0 


0.0 


0.0 


0.0 


Ar03 


76.3 


29.3 


0.0 


153.4 


UNDP 


7.4 


5.8 


■0.0 


63.1 


OTHER-UN 


3.0 


5.1 


0.0 


15.5 


ee: 


3.0 


0.0 


0.0 


192.9 



181 



MALAWI 



The President of Malawi, Dr. H. Kamuzu Banda, has maintained 
nearly undisputed control over political life and government 
since he led the country to its independence in 1964. He was 
proclaimed "Life President" in 1970. Political activity is 
limited to participation in the sole legal party, the Malawi 
Congress Party. Military, police, and party security organs 
suppress opposition to the Government and monitor a wide range 
of activities. 

Malawi inherited a parliamentary form of government from Great 
Britain. Elections are held every 5 years; all candidates 
must be members of the Malawi Congress Party and approved by 
the President. Constitutional amendments and laws passed by 
the 124-member Parliament reflect decisions already taken by 
the President. 

Malawi is a small densely populated, landlocked country whose 
principal assets are moderately fertile soils, good water 
resources, and a climate favorable to crop production. Since 
independence the Government has used good planning and wise 
investment of the limited available resources to promote 
economic development. However, despite substantial progress, 
per capita gross national product in 1985 measured only $210. 
Malawi's current population of 7.2 million people is growing 
at an estimated annual rate of 3 . 1 percent. Possessing no 
significant mineral resources or industrial sector, Malawi is 
heavily dependent on agriculture for export earnings and 
employment . 

During 1986 two cases continued to receive outside attention 
from human rights groups. Appeals and inquiries were made on 
behalf of Orton and Vera Chirwa, both serving life sentences 
for treason (commuted from death sentences in 1984). Three 
journalists detained in March 1985, reportedly because of a 
misquotation published in the local newspapers, have been 
released. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There have been no allegations of politically motivated 
killings within the country during 1986. 

b. Disappearance 

In the past, secret detentions by the police have been behind 
disappearances lasting from a few weeks to several months. 
There are no known instances in which such detentions have led 
to death. There were no known political disppearances in 1986. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Beatings by the police at the time of detention or arrest, or 
during interrogation, are illegal but do occasionally occur. 
Prison terms of hard labor are the norm for common criminals, 
with political detainees normally receiving less harsh or 
degrading treatment. Prison conditions are generally believed 
to be poor but are difficult to verify since access to prisons 



182 



MALAWI 

is tightly controlled. According to one report, some 
hard-core criminals were sent to remote prisons where 
insufficient food was provided. Several are believed to have 
died of malnutrition. 

The Forfeiture Act permits the Government to revoke the 
property rights of those suspected of economic crimes. These 
revocations sometimes have political overtones. When the 
Forfeiture Act is invoked, the individual — but not his 
family — loses all worldly possessions, including business and 
financial assets and personal belongings. Revocation of 
property rights is carried out by executive fiat with no 
judicial review. Notice of forfeiture must be published in 
the Official Gazette. There were no such cases published in 
1986. 

d. Arbitrary Arrest, Detention, or Exile 

Under the Preservation of Public Security Act, the President 
may order the arrest, search, and detention of any person whom 
the Government suspects may cause trouble in the country. A 
person who is arrested under this law can be detained by the 
police without trial in a court of law. 

At any given time a number of persons may be detained for real 
or perceived offenses against the party or Government. 
Currently, for example, a senior official of the Government's 
Information Department is being detained, although charges 
against him have not been made public. Malawi residents 
(including Africans and those of Asian extraction) may be 
picked up at the whim of the authorities, held without charge 
for varying lengths of time, and released. While political 
detainees are rarely beaten, the length of their confinement 
is often uncertain. 

Suspicion of corruption is another cause for being held; those 
detained are rarely charged officially and brought before 
courts. A suspect may also be held without charge for a long 
period of time while authorities develop a case. One reported 
example is that of a young Malawian who was detained and 
interrogated in October 1985 for asking in jest if President 
Banda would live long enough to enjoy his newest residence, 
then being constructed in Mzugu. He has been held without 
charge since that time at Nsanje prison. It is impossible to 
estimate the number of arbitrary detentions and arrests made 
in Malawi in 1986. 

Forced labor is sometimes used as a form of criminal 
punishment . 

e. Denial of Fair Public Trial 

Those charged with criminal offenses are tried in either the 
traditional or modern court system, depending on the nature of 
the charge. Those charged under the military code of justice 
are tried in military courts. Lawyers are not permitted to 
assist defendants in traditional court cases, but legal 
counsel is permitted in the modern court system. In the 
latter case, the defendant has the right of access to counsel 
both before and during the judicial proceeding. The right of 
appeal exists in both the modern and traditional court 
systems. In practice, the Government and party exert little 
control over the trial system in cases tried before the High 
Court or magistrate court. The modern judiciary is 



183 



MALAWI 

independent of the executive branch, although the President 
appoints the Chief Justice of the High Court who, in turn, 
appoints other modern court justices. Magistrates may be 
removed from their positions for reasons of incompetence, 
malfeasance or if it is deemed by the executive branch to be 
in the public interest. This lack of job security can act as 
an indirect form of government pressure. These courts are 
open to the public, and defendants are charged publicly. 

Traditional court justices are appointed directly by the 
President. It is generally believed that there is little 
executive interference in traditional court cases dealing in 
matters of customary law, and there is no evidence of indirect 
executive pressure on traditional courts adjudicating cases of 
a political nature. The three traditional courts at the 
regional level deal with most capital offenses. A guilty 
verdict is reviewed by the national traditional court and a 
ministerial committee considers clemency. Trials in 
traditional courts are conducted and death sentences are 
carried out without publicity. The number of executions is 
not a matter of public record but, according to one report, 
about a dozen occurred in early 1986. The death penalty is 
mandatory for murder and treason and can be imposed for armed 
robbery . 

f . Arbitrary Interference with Privacy, Family, Home, or 
Cor r espondence 

In private life, most people are not unduly affected by 
government authority. Malawi law calls for the issuance of 
individual warrants before any home may be entered, but this 
is not always observed in practice. Police and quasi-military 
groups enter houses of suspects at will under special entry 
authority to conduct searches for people or incriminating 
evidence. Correspondence is monitored by the authorities and 
mail, including international mail, is often opened. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Criticism of the Government and its policies is not allowed; 
this proscription extends even to the Parliament. The media 
do not submit their news items and programs to the Information 
Department for approval or censorship, but the penalty for 
publishing material which meets with official displeasure can 
be severe and several journalists have been jailed for 
extended periods. As a result, the two newspapers and sole 
radio station operate under informal but strict 
self-censorship guidelines. Both media have exhibited 
increasing candor in coverage of international issues. In 
addition, criticism of the efficiency of some government 
departments has appeared in the media and Parliament. Limited 
freedom of inquiry into the natural and social sciences exists 
at the university level, and may include some examination of 
political ideologies at radical variance with those of the 
Government, provided this does not extend to explicit 
criticism of the Government. 

b. Freedom of Peaceful Assembly and Association 

Individuals and organizations generally are free to meet and 
associate as long as the purpose is not to discuss government 
or party policy or practices. Professional, fraternal, and 



66-986 0-87-7 



184 



MALAWI 

service organizations exist and are encouraged by the 
Government. No political meetings are permitted, other than 
those of the party. 

Labor unions exist, but their activities are highly 
circumscribed, and they are generally ineffective. Collective 
bargaining is allowed, but its use is limited. Malawi law 
guarantees the right to strike, but in practice strikes never 
occur. Labor unions come under the Malawi Trade Union 
Congress which in turn is subject to direction by the Ministry 
of Labor. With Government permission and supervision, the 
trade union organization associates with international 
organizations, and the Malawi Trade Union Congress is a member 
of the Organization of African Trade Union Unity and of the 
International Confederation of Free Trade Unions. While the 
labor movement has yet to achieve gains for workers, the 
principal explanation is economic rather than political: the 
economy of Malawi can sustain only a small number of wage 
earners, most of whom occupy positions as unskilled laborers 
on large estate farms. 

c. Freedom of Religion 

There is relative freedom of religion in Malawi for all 
religions whose particular religious tenets do not preclude 
recognition of the temporal authority of the State. Jehovah's 
Witnesses have been banned since 1967 because the Government 
considers the sect's activities to be disruptive of "the 
prevailing calm, law, and order." There is no state or 
preferred religion, and conversion from one religion to 
another is permitted. There are no restrictions on religious 
observances and ceremonies which do not impinge on government 
authority. Religious groups may establish places of worship 
and train clergy. They are required to register with the 
Government, and their publications, like all others, are 
subject to government censorship. Religious groups are free 
to establish and maintain links with coreligionists in other 
countries and are free to travel abroad. Similarly, 
missionaries from abroad are permitted to enter Malawi and 
proselytize. There is no tie between a particular religion 
and the Malawi Congress Party. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Few restrictions have been observed on movement within Malawi, 
though legal provisions exist for restricting movement of 
those convicted of political or criminal offenses. Asian 
residents and citizens are free to travel within the country 
but must reside and work in one of four urban areas (Lilongwe, 
Zomba, Mzuzu, and Blantyre/Limbe) . Within some of these urban 
centers, strict rules governing where Asians may own property 
result in limitations on where they may reside. Denial of 
passports on political grounds frequently extends to family 
members of persons in political disfavor and to those persons 
whom the Government suspects may criticize it if allowed to 
travel abroad. Civil servants and employees of state-owned 
enterprises have to obtain written permission to travel abroad 
even on vacation. Obtaining such clearance can take from a 
few days to several months. Formal emigration is neither 
restricted nor encouraged. With the exception of a small 
group of political dissidents, there is no outward flow of 
Malawian refugees from the country. Expatriates born in 
Malawi may return. Citizenship may be revoked but in practice 
this is not done. 



185 



MALAWI 

Malawi does not accord official refugee status but has allowed 
private voluntary organizations to provide medical and other 
relief to some of the large number of displaced persons who 
have come into Malawi due to fighting and hunger in 
Mozambique. Approximately 70,000 Mozambicans have crossed the 
border to avoid harassment from government and insurgent 
forces . 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

All political decisions are made either directly by the 
President or those few closely associated with him. No 
opposition political parties or movements are permitted. 
Membership in the Malawi Congress Party is not mandatory but 
is often coerced. Active membership is expected of those who 
aspire to government positions (including the civil service) 
or even professional success. Party membership is often 
required of school children and of those who seek access to 
government services or entrance to local markets . The annual 
renewal fee is only about 25 cents, but this can be nearly 
half a day's pay for a minimum wage earner. In addition, when 
the President visits an area, financial contributions from 
individuals and businesses are expected. Nearly half of the 
population has at least nominal party membership. The party's 
pervasiveness and broad-based structure provide for some 
choice among candidates for party, parliamentary, or other 
offices. For example, as was the case in the 1983 election, 
there are often three candidates for election to a 
parliamentary constituency. All nominees, however, are 
selected by the party and submitted to the President for 
review. Active campaigning is not permitted. The National 
Assembly (Parliament) consists of both elected and nominated 
members and is mainly concerned with ratifying government 
policy. Its powers are broadly based in law but highly 
circumscribed in practice. Women are entitled to party 
membership and voting rights and hold 15 of the 104 elected 
seats in Parliament. No women hold ministerial-level 
positions . 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government does not permit organizations such as the 
International Committee of the Red Cross and Amnesty 
International to conduct human rights investigations in 
Malawi. No nongovernmental organizations devoted to the 
furtherance of human rights are permitted to exist. 
Expressions of interest in alleged human rights problems by 
outside groups or persons are not welcomed and are usually 
ignored. Few government officials are even willing to discuss 
the subject of human rights. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

While Malawi remains one of the world's least developed 
countries, economic and social needs and cultural aspirations 
are met on a generally nondiscriminatory basis. Asian 
residents, whether Malawian citizens or not, have been 
compelled to transfer ownership of rural shops and trucking 
businesses to ethnic African Malawian citizens. Asians are 



186 



MALAWI 

free to expand into other areas of business, however, and 
industrial licenses for new Asian-operated industries are 
routinely granted. 

Women are limited to the roles defined by a traditional 
African society and do not have opportunities equal to those 
of men. As mothers, women enjoy a high degree of access to 
the traditional health services and to extension programs 
designed to improve women's homemaking abilities. Such 
programs, while benefical, have failed to recognize the 
importance of women as agricultural producers in the rural 
sector (roughly 70 percent of all smallholder farms and over 
50 percent of subsistence holdings are headed by women) and 
the potential role women can have in the modern sector. 
Although males still have a comparative advantage in terms of 
educational and employment opportunities, the Government has 
initiated sufficiently broad-scale programs to begin to 
rectify the discrimination which exists. A third of the 
positions in the public education system have been reserved 
for women. Within Malawi's traditional and primarily 
matrilineal tribal leadership structures, there are several 
small ethnic groups wherein women possess fewer rights and 
privileges, and where female circumcision is occasionally 
practiced. 

Malawi enjoys a considerable degree of ethno linguistic 
uniformity. The vast majority of the population speaks and/or 
understands Chichewa, which became the national language in 
1968. English is the official language for government and 
business. Malawi's indigenous groups are sufficiently alike 
in culture and social organization to permit relatively easy 
interaction, including intermarriage, mixing in agricultural 
settlements, and mixed grouping for political purposes. 

CONDITIONS OF LABOR 

The minimum working age is 14, though this applies only to the 
relatively small urban sector. Less than 15 percent of the 
work force is employed in the formal wage sector. For those 
fortunate enough to hold paid jobs, wages and working 
conditions are generally adequate, and paid holidays and 
safety standards in the workplace are required by law. 
However, wage levels are low (about $2 a day in the three 
major towns), reflecting the abundance of unskilled labor and 
government policy to limit the rural-urban income gap and 
hence the rate of migration to the towns. 



187 



U.S.OveRScftS -LOAMS AIJD GR4NTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: 'lALAWI 



1934 



1 535 



1936 



I. EC 



A. A 



( 

3. r 



TIT 

RH 

PA 

TIT 

VO 
CO 



ASSIST. -TOTAL.. 

OANS 

RANTS 



CANS 

RANT 

C.SU 

D FO 

OANS 

RANT 

I-T 

Y. I 

IN 

li- 

LIEF 

RELI 

ER £ 

DANS 

RANT 

PEA 

NAR 

OTH 



°?. ASSIST.) .. 
p PEACE 



OTAL , 

N ;-LO:'^NS . . . . 
FOR. CU?' . . . . , 

TOTAL 

.EC.OEV i, WFP. 
EF AGEMCY.. .. , 
:0M. ASSIST... 



CE CORPS, 
COTICS. .. 
ER 



26.7 

0.0 

26.7 



23 

25 
15 






D 




,4 
,0 
.4 
,0 
.2 

.0 
, 2 

,0 
.0 
,0 
,2 
, 2 
0.0 
1.1 
0.0 

1.1 
1.1 

0.0 
0.0 



36.0 

0.0 

36.0 

34.9 

0.0 

34.9 

10.5 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

1.1 

0.0 

1.1 
1.1 

0.0 
0.0 



II. MIL. ASSIST. -TOTAL, 

LOANS 

GRANTS 

A.CIA P GRANTS 

3. CREDIT FINANCING., 
:.INTL MIL.ED.TRNG. 
J. IRAN- EXCESS STOCK 
;-. OTHER GRANTS , 



0.2 

0.0 
O.D 



0.0 
0.0 



1.2 

0.0 
1.2 
1.0 
0.0 
0.2 
0.0 
0.0 



III. TOTAL ECON, 
LOANS. ... 
GRANTS. .. 



2 'ML 



9.3 
O.D 

9 . ^ 



27.0 

0.0 

2^.9 



77.2 

0.0 

37.2 



ontR \ji loam: . , 

fcX-l"! bAN,< LOA; 
ALL OTHER 



O.D 
0.0 
O.D 



0.0 



0.0 
0.0 

o.n 



ASSISTANCE F.-",CM I ;.'T -IF N A ; I O'l iL t 
^ ' :,', 19?5 



M c : £ 3 
19C6 



1946-36 



7 JTiL 


U3.1 


71 . 3 


74.3 


36 5.2 


liP.O 


1 ?.D 


6.4 


2^.5 


124.1 


if: 


0.0 


2.3 


0.7 


29.0 


I. J A 


^3.4 


38.3 


41 .6 


433.7 


103 


0.0 


0.3 


0.0 


i).o 


ADS 


0.0 


0.3 


0.0 


0.0 


AFDB 


35.7 


23.1 


0.0 


144.7 


UNDP 


0.3 


1.3 


' 0.0 


42.7 


OTHER-UN 


5.7 


0..0 


0.0 


14.0 


EEC 


3.0 


0.0 


7.5 


22.0 



188 



MALI 



Mali is a single party state in which effective authority is 
exercised by General Moussa Traore, Secretary General of the 
Democratic Union of the Malian People and President of the 
Republic. In 1968 President Traore, then a lieutenant, led a 
military coup which overthrew the leftist civilian government 
of Modibo Keita. Although Mali in 1974 adopted a Constitution 
which increased the number of civilians in the Government, the 
military continues to have an important role in party and 
governmental affairs. Military officers hold approximately 
one-fourth of the senior positions in the Cabinet and party, 
four of seven governorships, and an important portion of lower 
level administrative posts, mostly in border areas. A 
government reorganization in June further increased the 
percentage of civilians in office. 

Burkina Faso fought a week-long border war with Mali in 
December 1985 over long disputed territory. Tension between 
the two countries remains high, but a ruling from the 
International Court of Justice at the end of 1986 won praise 
from both countries, which have publicly vowed to abide by 
it. Prisoners from the December border war have been 
repatriated. 

Mali is one of the world's poorest countries, with per capita 
income around $160 a year. Landlocked and lacking easily 
exploitable mineral resources, except for some gold, Mali's 
economy is based on subsistence farming and animal husbandry, 
both of which have been severely affected by drought in recent 
years . 

The political and human rights situation did not change 
significantly over the past year. No organized political 
opposition groups are permitted within Mali. The Government 
has not, however, reacted harshly to opposition since the 
student riots in 1981. In 1986, within the context of official 
party or union meetings, it permitted limited criticism of its 
economic reform policies. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reported incidents of politically motivated 
killings . 

b. Disappearance 

There were no reported incidents of disappearance, abduction, 
or hostage-taking. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

The Government of Mali does not officially condone police 
brutality, but physical abuse of suspects sometimes occurs in 
police interrogation. Torture rarely occurs. Public beatings 
by the citizenry of persons identified as thieves does take 
place on occasion. Prison conditions are harsh and, owing to 
a lack of resources, facilities are inadequate. Prisoners 
perform hard manual labor, such as road maintenance. In the 
past. Amnesty International has expressed concern over alleged 



189 



MALI 

degrading treatment of prisoners in Taoudenit and Kidal prisons 
situated in northern desert locations and appealed to the 
Government to improve conditions. These prisons may contain 
some political prisoners. 

During an April visit to Senegal by President Traore, Malian 
students at the University of Dakar led a strike to highlight 
their claim that six students detained in Mali were being 
mistreated and/or tortured. The students in c[uestion, who 
were tried in November 1985 for "offenses against the head of 
state", were represented by lawyers; two were acquitted and 
four received suspended sentences. There is no evidence that 
the students were mistreated during their incarceration before 
the trial. 

d. Arbitrary Arrest, Detention, or Exile 

No incidents of arbitrary arrests, detention, or exile were 
reported during 1986. The Malian judicial system is based on 
the French model and detained persons do not have the right to 
a judicial determination of the legality of their detention. 
However, Malian law does not permit arrest without formal 
charge. Malian law does not provide for release on bail, but 
detainees are sometimes released on their own recognizance. 
Prisoners are usually allowed access to a lawyer of their 
choosing. Administrative backlogs often cause delays in 
bringing people to trial. 

Forced or compulsory labor is prohibited except in cases of 
convicted criminals. 

e. Denial of Fair Public Trial 

The judiciary is part of the executive branch and therefore 
potentially subject to interference. Trials are generally 
short in duration. While confessions are not coerced, 
defendants usually admit guilt, and defense lawyers tend to 
argue mitigating circumstances. The verdict and sentence are 
rendered by a panel of three judges. The appeals process is 
limited to an appeal for a presidential pardon or a request 
for a new trial. The National Assembly can convene a High 
Court of Justice to hear cases against state ministers. This 
Court did not meet during 1986. Several high-ranking officers 
were arrested for reportedly inept command decisions during 
the December 1985 border conflict but were subsequently 
released. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Inviolability of the home is guaranteed in the Constitution 
and generally respected in practice. Police searches are 
infrequent, and warrants are issued and recorded, though 
sometimes after the fact. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The Malian Constitution does not guarantee freedom of speech 
and press. The State controls all Malian media and does not 
permit public questioning of its authority. Criticism of 
specific programs, aspects of society, or the performance of 
government offices (rarely of individuals) is, however, 
allowed. The national labor union enjoys limited freedom to 



190 



MALI 

express dissatisfaction with some government austerity 
programs. Academic freedom does not extend to criticism of 
the Government or its policies. Journalists are all 
government employees. A few have been suspended or fired for 
"impertinent" questioning, but in general they have not been 
subjected to other reprisals. Private Malian publications 
expressing antigovernment views are not tolerated, but 
international publications, even those critical of Mali or its 
Government, are readily available and circulate freely. 

b. Freedom of Peaceful Assembly and Association 

The Malian Constitution guarantees the liberty of citizens to 
form organizations to protect their "professional interests," 
but in reality only selected organizations such as urban 
professional associations qualify for this consideration. The 
only groups which assemble freely are the women's, youth, and 
labor associations of Mali's single political party. 

Twelve labor unions with a total of 130,000 members form the 
National Union of Malian Workers (UNTM) , the only recognized 
workers' organization. Despite its party affiliation, the 
UNTM claims to maintain a degree of autonomy from the 
Government, and its Secretary General is not a member of the 
party's central executive council. Within limits, collective 
bargaining is permitted. Strikes, though permitted by law, 
seldom occur. In November 1986, Malian teachers went on 
strike for 1 day to protest nonpayment of salaries. The 
teachers' union carried out a 2-day strike in December when 
their salaries remained unpaid. The Government did not 
intervene to prevent the strike. The UNTM maintains contacts 
with international labor organizations, both public and 
private . 

c. Freedom of Religion 

Mali is a secular state. The Government generally does not 
discriminate on religious grounds. Although 90 percent of 
Malians are Muslim, most other religions may practice their 
faiths freely and are permitted to establish houses of worship 
and schools. Christian missionaries of various faiths enjoy 
government cooperation and are free to proselytize. Religious 
conversion is permitted, except to the Baha ' i , who are free to 
practice their faith in their homes but forbidden to 
proselytize or establish houses of worship. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Freedom of movement in Mali is generally unimpeded, although 
travelers are sometimes subject to police checks, especially 
at night. These checks are allowed by law, ostensibly to 
restrict the movement of stolen or smuggled goods. In 
practice, some police are known to supplement their frequently 
delayed salaries by assessing ad hoc fines or confiscating 
goods. Malians are free to change residence or work place. 
Foreign travel requires an exit visa which is easy to obtain. 
Repatriation is not restricted. Mali has both accepted and 
generated persons displaced by drought and famine in recent 
years. A steady stream of people — mainly nomads affected by 
the drought — migrated to towns in southern Mali in 1985 and 
substantial numbers remain there in 1986. Several thousand 
Malians were repatriated from Algeria in 1986. 



191 



MALI 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

The only legal political party, the Democratic Union of the 
Malian People, is the supreme political entity in Mali. Its 
Secretary General, Moussa Traore, is by law the President of 
the Republic. The role of the military has diminished in 
recent years but is still important. Five of the party's 19 
central executive bureau members, 5 of the 17 cabinet 
ministers, 4 of the 7 regional governors, and numerous lower 
level officials are military officers. Important policies and 
decisions are made by a small group — the President, the 
l9-member central executive bureau, and the Council of 
Ministers. The party congress meets only once every 3 years, 
and the National Assembly m.eets twice a year. 

Citizens thus have little and infrequent opportunity to 
influence the Government. Within the one-party system, 
multiple candidates often contest party elections at the local 
level. National Assembly elections, held every 4 years, 
generally present a single candidate selected by the party for 
each seat, although in theory all party members are eligible 
to run for election. The National Assembly debates proposed 
legislation after its acceptance by the Council of Ministers 
and review by the Supreme Court . 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government of Mali has been generally responsive to calls 
by recognized groups such as Amnesty International to correct 
reported human rights violations. However, Mali itself has no 
local human rights organizations. The Ministries of Foreign 
Affairs and Justice are charged with responsibility for human 
rights issues. Mali does not play a major role in 
international human rights forums. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

While the Government avoids use of ethnic "quotas," virtually 
all ethnic groups are represented at the highest state and 
party level. In local government, officials are assigned 
outside their regions of origin. Although some nomadic groups 
such as the Tuaregs remain outside the economic and political 
mainstream, Mali is relatively free of ethnic tension. 

Social and cultural factors assign a higher role to men that 
women in Malian society, but women are making some progress. 
Women are free to participate in the Malian political process, 
and, while under represented, are present at all levels of 
government and the party, especially at the local level. A 
limited number of women occupy positions of responsibility in 
most ministries. Two women serve in the Cabinet (Minister of 
Information and Minister of Public Health and Social Services) 
and one in the party's executive bureau (president of the 
women's union.) Three women now serve in the National 
Assembly. Notwithstanding this trend, custom often restricts 
women to "women's issues" when they do participate in politics. 
The National Union of Malian Women in particular promotes 
discussion of health, social, and education issues and 
disseminates information on the arguments against female 
circumcision. Despite the creation of a national commission 



192 



MALI 

on the issue and government disapproval, female circumcision 
is still widely practiced. 

CONDITIONS OF LABOR 

Workers' rights are specified in the Constitution. Conditions 
of employment, including hours, wages, social security 
benefits, and health and safety standards vary depending upon 
the category of work. Employers are recpaired to pay into a 
National Social Security Fund. While the minimum age for 
employment is 14 with parents' permission, children can be 
apprenticed at 12. In practice, children in rural areas join 
the work force at a much younger age, and workers in the 
informal sector are not protected by laws against unjust 
compensation, excessive hours, and capricious discharge. 



193 



U.S.OVERScftS 



■LOANS ANO GRANTS- OBLIGATIONS AND LOAN AU I nuK i t mTIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: MALI 



1934 



1985 



1986 



I.ECON. ASSIST. -TOTAL... 

LOANS 

GRANTS 

A. AID 

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.) .. . 

3. FOOD FO? PEACE 

LOANS 

GRANTS 

TITLE I-TOTAL 

?EPAY. IN l-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAL 

5. RELIEF. EC. DEV S WFP, 

VOL. RELIEF AGENCY 

C. OTHER e:0N. ASSIST.., 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST. -TOTAL. 

LOANS 

GRANTS 

A. MAP GRANTS , 

3. CREDIT FINANCING.. 
:.INTL MIL.EO.TR»JS. . 
D.TRAN-EXCESS STOCK. 
E. OTHER GRANTS , 



III. TOTAL ECON. 5 MIL, 

LOANS , 

GRANTS , 



24.3 


53.5 


14.9 


0.0 


0.0 


0.0 


24.3 


53.5 


14.9 


11.6 


32.2 


12.7 


0.0 


0.0 


0.0 


11.6 


32.2 


12.7 


0.0 


18.0 


0.0 


11.1 


19.4 


0.0 


0.0 


0.0 


0.0 


11.1 


19.4 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


11.1 


19.4 


0.0 


10.3 


17.7 


0.0 


0.8 


1.7 


0.0 


1.6 


1.9 


2.2 


0.0 


0.0 


0.0 


1.6 


1.9 


2.2 


1 .6 


1.9 


2.2 


CD 


0.0 


0.0 


0.0 


0.0 


0.0 


0.1 


0.2 


0.2 


0.0 


0.0 


0.0 


0.1 


0.2 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.1 


D.2 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


24.4 


53.7 


15.1 


0.0 


0.0 


0.0 


24.4 


53.7 


15.1 



OTHER US LOANS. .. , 
EX-IM BAN< LOANS. 
ALL OTHER 



0.0 
0.0 
0.0 



0.0 
0.0 

0.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1?34 1935 1986 



1946-86 



TOTAL 


96.1 


59.7 


82.9 


783.8 


I3SD 


0.0 


0.0 


0.0 


0.0 


if: 


0.0 


0.0 


0.0 


3.2 


IDA 


70.6 


19.5 


32.9 


431.3 


103 


0.0 


0.0 


0.0 


0.0 


AD3 


0.0 


O.D 


0.0 


0.0 


AF33 


21.5 


37.3 


0.0 


145.9 


UNOP 


4.0 


2.4 


0.0 


63.3 


OTHER-UN 


0.0 


0.0 


0.0 


19.0 


EEC 


3.0 


0.0 


0.0 


126.1 



194 



MAURITANIA 



Mauritania is governed by the Military Committee for National 
Salvation (MCNS), established after a bloodless 1978 coup which 
removed the civilian president and abolished the parliamentary 
system in effect since independence in 1960. Colonel Maaouya 
Ould Sid' Ahmed Taya, President of the Committee, is Chief of 
State. He assumed power after the ouster of the former 
President, Lt . Colonel Mohamed Khouna Ould Haidalla, on 
December 12, 1984. All 23 members of the Military Committee 
retain ministerial portfolios or occupy other key military or 
government positions. In effect, the President functions as a 
"first among equals," since decisionmaking is by consensus. 

All political parties and opposition groups are banned. 
Prospects for an early return to civilian rule on the national 
level appear remote. In the absence of any institutionalized 
consultative process between the Government and the people, the 
Structure for the Education of the Masses (SEM) was created on 
a nationwide basis in 1982. Organized down to the village and 
neighborhood level, it is used to explain government policy, 
mobilize manpower for self-help projects, and air grievances. 

In 1986 the regime took the first tentative steps towards 
democratization on the local level. Communal elections were 
held in Nouakchott and regional capitals in December. The 
authority of the newly elected councils, which will choose 
mayors and deputy mayors from among their membership, is 
limited to local affairs. While political parties were not 
permitted, campaigning in the municipal elections was lively 
and took on some of the tone and color of political debate. 
Despite this first step and the personal popularity of 
President Taya, the governmental institutions remain without a 
broad basis of support and provide no outlet for discontent, 
dissent, or even meaningful debate of national policies. 

The country continues to face daunting economic and social 
problems: desertification and other aftereffects of prolonged 
drought; increasing racial tensions; massive unemployment; the 
highest per capita debt in Africa; poor infrastructure; 
inadec[uate health and education systems; and a mass exodus from 
the rural areas. Although adequate rains fell in 1985 and 
1986, the 1971-1984 drought caused a massive migration of 
nomads into towns, thereby forcing them into urban refugee 
camps and severely weakening the Maur nomadic culture. 

The advent of the Taya regime brought some human rights 
improvements. In late 1984, the new regime released and 
pardoned all political prisoners and detainees from the 
Haidalla regime. President Taya also publicly espouses a 
harmonious, multiethnic society. However, the arrest, trial, 
and sentencing in 1986 of 21 blacks from the Toucouleur ethnic 
group, including prominent figures in politics, media, and 
education, on charges of sedition and threatening national 
unity raised serious questions concerning the Government's 
attitude towards the political aspirations of black 
Mauritanians . Many see these arrests as evidence of the 
Government's intention to maintain the domination of the Maurs. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of politically motivated killings. 



195 

MAURITANIA 

b. Disappearance 

There were no cases of politically inspired disappearances. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Mauritanian law prohibits the use of torture, and there is no 
evidence that it was practiced in 1986. However, extended 
confinement is sometimes used to encourage self-incrimination. 
Some political prisoners released in late 1984 charged that 
they had been tortured under the previous Haidalla regime. At 
the beginning of l'^87, there were reports that the Toucouleur 
prisoners had been denied visits by family members. The 
Ministry of the Interior is actively cooperating with the newly 
founded Mauritanian Human Rights League to ensure the proper 
treatment of detainees. 

d. Arbitrary Arrest, Detention, or Exile 

Mauritanian law guarantees expeditious arraignment and trial, 
access to legal counsel, and the right of appeal. However, an 
inadequate and underfinanced judicial system results in 
suspects being held regularly for long periods before trial. 
Moreover, under legislation enacted before the 1973 coup, the 
authorities have the prerogative to detain, without trial or 
appeal, anyone judged to be a threat to national security. 
Such detainees are usually confined to their residences but can 
also be detained in prisons, which exist in both Nouakchott and 
Jereida for more serious cases. 

As many as eight government officials and businessmen closely 
associated with former President Haidalla were detained along 
with him at the time of the coup in 1984. Four of these men, 
as well as Haidalla, are still under house arrest or in prison, 
with no formal charges having been brought against them. 
Internal exile, loosely supervised, is the normal method for 
removing opposition from the political arena. 

Although the Government remains opposed to slavery and has 
established a commission to implement abolition measures, 
notably the 1980 Declaration, vestiges of the practice still 
remain. In the spring of 1985, the United Nations Human Rights 
Commission released a report on slavery in Mauritania, based on 
a 1984 visit by a commission representative. The report 
criticized the continued existence of slavery, especially in 
rural areas, but acknowledged the Government's intent to 
eradicate it, e.g., through government-sponsored resettlement 
programs. It is impossible to verify an estimate of the number 
of persons remaining in servitude. The institution still 
persists largely in southern Mauritania, where it originated in 
historic conflicts between nomads and sedentary groups. Under 
the form of slavery in Mauritania, slaves are legally free to 
leave but most do not either because their ancestors have 
worked for the same families for generations without pay or 
because of economic hardship outside the system. Freed slaves 
may choose to remain in servitude in exchange for bread and 
board. Slavery and the acceptance of such attitudes are deeply 
ingrained by historical circumstances, but new economic 
conditions and opportunities can engender change. The drought 
has had a tremendous impact on slavery, causing many Maurs to 
release their slaves because of the deteriorating economic 
situation. There is no commercial market for slaves. 



196 



MAURITANIA 

e. Denial of Fair Public Trial 

In September the regime arrested 21 prominent Toucouleur blacks 
for protesting Maur domination of the political and economic 
system. They had circulated a political manifesto, entitled 
"Manifesto of the Oppressed Negro-Mauritanian" , embodying their 
grievances against Arabization, their concerns about the 
adverse effects on blacks of the land tenure law, and their 
complaints about the unrepresentative and undemocratic nature 
of the Mauritanian Government. This document was circulated 
outside Mauritania. The detainees were charged with spreading 
falsehoods and hatred and calling for disorder. They committed 
no known acts of violence. All 21 were tried and given 
sentences ranging from 6 months to 5 years, to be followed by 
10 years of internal exile — unusually harsh penalties in a 
country where internal exile alone is the preferred method of 
treating political prisoners and detainees. Although they were 
assigned defense attorneys and were tried in accordance with 
Mauritanian law, they were apparently guilty only of nonviolent 
political acts and thus must be regarded as political 
prisoners. Each of the 21 sentences was confirmed on October 
13 by the appeals court. Eighteen other persons arrested in 
the course of the public disturbances associated with the trial 
of the Toucouleurs are currently under detention awaiting 
trial. A large number of Toucouleurs, mostly intellectuals and 
professionals, were taken into custody, questioned, and 
released during September, October, and November. 
Additionally, in the wake of the trials some ranking Toucouleur 
officials, including the Secretary General of the Ministry of 
Defense (since reinstated), were dismissed from their jobs. 

Former President Haidalla released a number of political 
prisoners shortly before his ouster. President Taya, in late 
1984, released and pardoned all remaining political prisoners 
from the Haidalla regime. Those whose goods were confiscated 
at the time of their detention had their belongings restored by 
the Government. Although President Taya also invited all 
exiles to return home to Mauritania, only a limited number have 
done so. The current estimate of 26 political prisoners 
includes former President Haidalla and 4 of his supporters and 
the 21 Toucouleurs sentenced in September 1986. 

The Shari'a Islamic Code, as instituted in Mauritania in 1980, 
covers adultery, theft of personal property, and murder. A 
Muslim judge presides over a jury chosen by the governor of the 
region. The defendant has a right to counsel and can appeal a 
guilty verdict to the Supreme Islamic Court within 15 days. 
Circumstantial evidence cannot be admitted as proof of guilt. 
Admission of guilt is sometimes obtained in the context of a 
promised reduction in punishment. Inability to convince the 
sitting magistrate that the Government's charges are in error 
is in itself considered by the courts as a legal admission of 
guilt, as is the convincing testimony of a firsthand witness or 
codefendant. All sentences must be approved by the President. 
Opposition to the Shari'a has been expressed most often by 
blacks and women, who believe that the Shari'a code favors the 
Maur way of life. Although a strict interpretation of the 
Shari'a in earlier years produced communal tension, the issue 
has largely passed from public debate due to moderate 
implementation. 

f . Arbitrary Interference with Privacy, Family, Home, or 

Correspondence 

Government interference in private affairs, save in instances 
where treason is suspected, is limited. Reflecting the nomadic 



197 



MAURITANIA 

penchant for privacy and the sanctity of confidences, the lack 
of sophisticated equipment to undertake surveillance, and the 
isolation of many parts of the country, the Government normally 
limits its surveillance to patrols on major highways, 
occasional nighttime inspections of vehicular traffic, and 
inspections of mail suspected of containing currency or 
prohibited items. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The freedom of speech and press is restricted. Political 
expression is tightly controllec . Most Mauritanians are 
careful not to propagate antigovernment opinions. Private 
discussion is lively in family and clan networks, which act as 
vehicles for communicating complaints and airing dissent, as do 
the Structure for the Education of the Masses. The nomadic 
tradition also provides for candid expressions of concern to 
the leadership. In fact, both Presidents Taya and Haidalla 
invited discussion of governmental policies from local leaders 
during visits to rural areas. In practice, the Government is 
particularly reactive to expressions of ethnic or racial 
discontent and criticism of the regime's basic policies or 
legitimacy, as evidenced by the recent convictions of the black 
dissidents . 

Mauritania's only newspaper, news agency, and radio/television 
station are government operated. The Government does not 
permit criticism of its policies or authority, and editorial 
content of the media is controlled. International news 
magazines and newspapers generally circulate freely in 
Mauritania. Shortwave broadcasts and Senegalese television are 
followed openly. 

b. Freedom of Peaceful Assembly and Association 

Freedom of assembly has been suspended since 1978 when civilian 
rule was ended by a military coup. The Government strictly 
enforces its prohibition of public meetings addressing 
political themes. In September minor civic disturbances, 
kindled by the arrests of black leaders, were suppressed 
swiftly by armed police and the use of tear gas. In addition, 
as part of the large scale crackdown on the Toucouleur 
community carried out in the second half of 1986, authorities 
banned meetings of black self-help groups and cultural 
associations, and even checked on large black family gatherings 
such as weddings. Later in the year, however, large 
demonstrations were permitted in the campaigns for communal 
councils . 

Labor unions were the only nationwide organizations with any 
political impact that were not dissolved following the 1978 
coup. Labor unions are grouped in a national organization, the 
Mauritanian Workers Union (UTM), which is allowed a large 
measure of freedom in its organizational efforts. The UTM is 
associated with a number of regional and international labor 
organizations, and its officials are permitted to travel to 
attend international labor meetings. Union leaders are free to 
take positions on international labor matters within the 
confines of Mauritania's basic foreign policies. 

Individual labor unions have the right to organize but are 
recognized only when they register with the UTM and accept an 



198 



MAURITANIA 

appointed director general. Wages are set through an informal 
bargaining arrangement involving individual unions, the UTM, 
employers, and the Government. Union officials claim that 
total union membership has reached 30,000 members. Union 
membership is not universal; workers must pay an annual 
membership fee of $4, but the Government indirectly finances 
most union activities. The right to strike exists in theory, 
but is greatly restricted in practice, and an extended strike 
would probably be strongly opposed by the Government. There 
have been two brief strikes in recent years. 

c. Freedom of Religion 

Islam is the official religion of Mauritania, and the country's 
official name is the Islamic Republic of Mauritania. Virtually 
all citizens are Muslim. Proselytizing and the construction of 
churches and other non-Islamic houses of worship are prohibited 
without government permission. Mauritania's small Roman 
Catholic community has been granted permission in several 
instances to build churches. A number of Catholic churches 
operate freely. Mauritanian Muslims are prohibited from 
entering non-Islamic houses of worship and from converting to 
another faith. 

d. Freedom of Movement within the Country, Foreign 
Travel, Emigration, and Repatriation 

There are no restrictions on movement within the country, 
although travelers are frequently subjected to routine police 
checks. Temporary curfews have been imposed several times 
during emergency situations, most recently following the 1984 
"restructuring" of the Military Committee for National 
Salvation. As a result of the endemic drought, large numbers 
of former nomads and oasis dwellers have migrated to urban 
areas, swelling the population of the towns and surrounding 
shanty villages. 

In 1985 the Government ended the requirement that Mauritanians 
must have an exit visa before traveling abroad. A few 
Mauritanian officials have fled the country because of 
political opposition to the Government. Conflict in the 
Western Sahara between Morocco and the Polisario Front has led 
to a small immigration of refugees into Nouadhibou and other 
northern towns, but there are no acknowledged political 
refugees in Mauritania. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Political power rests in the hands of a military junta. Ethnic 
diversity is marked, and the sense of national identity weak. 
In the official view, underdevelopment and potential ethnic 
conflicts require limits on political rights. Ethnically based 
political movements are particularly feared, as shown by the 
strong reaction to Toucouleur dissidents in 1986. Black 
opponents of the regime accuse it of forcibly perpetuating Maur 
dominance of the political system. Many observers are 
convinced that the Government intends to ensure Maur dominance 
by quickly breaking the back of any black dissident movement. 

The Military Committee for National Salvation remains the 
"custodian of the nation's sovereignty." All executive and 
legislative functions reside with this Committee. Membership 
is limited to military officers and is automatically conferred 



199 



MAURITANIA 

on incumbents of ministerial positions and important military 
and security posts. In ethnic terms, the MCNS is predominantly 
Maur, although several blacks are members as well. The most 
prominent black on the MCNS lost his position in the wake of 
the 1986 Toucouleur arrests. The right of citizens to change 
their Government has not existed since 1978, when Mauritania's 
military ended all democratic procedures and abolished the 
country's sole political party. 

As promised by President Taya, municipal elections were held in 
December 1986. Slates of candidates for communal councils were 
organized in Nouakchott and in all 12 regional capitals. While 
in a few cases only one slate came forward, the elections were 
generally contested by several slates in each city. The 
process was tightly controlled — political debate on national 
issues was forbidden, and the makeup of the slates was required 
to reflect ethnic and tribal balances. The balloting itself 
was orderly and free of interference, although administrative 
problems prevented some persons from voting. Results were 
announced promptly. The communal councils elected in December 
will choose mayors and deputy mayors from their ranks. The 
councils are new institutions, and their authorities and 
relationship to the central administration are as yet unclear. 

December 1986 marked the first time contested elections have 
ever been held in Mauritania. That the municipal elections 
evinced such evident enthusiasm and was carried out in an 
orderly, successful manner may auger well for the regime's 
stated policy of a gradual return to civilian, representative 
government and should be regarded as an advance in human rights 
terms . 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Government is sensitive to criticism on human rights and 
has been cooperative with the U.N. Human Rights Commission's 
working group on slavery, inviting the Comission to send a 
representative to Mauritania in 1984. An official response to 
the Commission's 1985 report is scheduled for release in 1987. 
The Government is also aware of continuing Amnesty 
International concerns over a number of human rights issues. 
The Taya regime gave permission in 1986 for the founding of 
Mauritania's first organization dedicated to the protection of 
human rights, the Mauritanian Human Rights League. The 
League's primary concern is to address the means by which the 
Government can eliminate the last vestiges of slavery and 
provide an economic basis for the advancement of former 
slaves. Other stated concerns include the status of women's 
rights, the uniform application of the Shari'a law, and the 
prevention of abuses similar to those which occurred under the 
Haidalla regime. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Mauritania is situated geographically and culturally on the 
divide between the nomadic Arabic-speaking Maurs of the north 
and the sedentary blacks of the African south. The interaction 
of these two groups produces the complex cultural diversity 
which fuels ethnic/racial tensions inherent in Mauritanian 
society. Recent movements of the nomads to the south as a 
result of drought have greatly exacerbated tensions. 



200 



MAURITANIA 

culminating in the 1986 arrests of black leaders. 
Historically, and since independence in 1960, the Maurs have 
dominated the political and economic system. The Maurs claim 
they are still a demographic majority, whose mother tongue is 
Hassaniya Arabic, but blacks believe they now constitute a 
majority and are entitled to more political representation. 
There are no statistics to back up either claim, although most 
foreign observers believe that blacks represent a substantial 
and growing proportion of the population. The black population 
is represented at all levels of government but is 
underrepresented in terms of its proportion of the population. 
Many blacks also believe that Maur domination in government, 
state enterprises, business, and religious institutions is a 
result of racial discrimination. Their grievances include such 
issues as language (Arabization and the use of French) , 
educational opportunities, and land reform. A controversial 
land tenure bill is, for example, viewed by some as a means by 
which wealthy, urban Maurs can appropriate profitable land 
along the Senegal River basin, traditionally the homeland of 
Mauritania's black population. 

Although Mauritanian women are legally free to participate 
fully in governmental affairs and private business, traditional 
values and practices limit the scope of their activities. A 
small number of women have risen to important positions in the 
fields of health and education or hold midlevel government 
positions. Large numbers of women turned out both as 
supporters in political rallies and as voters in the December 
elections. Even though few women were candidates on the 
slates, their active participation in the political process is 
apparently being encouraged. 

CONDITIONS OF LABOR 

Mauritania, with a population estimated at 1.8 million and an 
annual growth rate approaching 3 percent, has one of the lowest 
standards of living in the world. Its economy is characterized 
by a sharp contrast between the modern, internationally 
oriented mining and fisheries sector in the north and central 
regions and the very underdeveloped subsistence livestock and 
agricultural sector of the south, in which the majority of the 
population is engaged. Although estimates for unemployment 
vary from 50 to 90 percent, it is impossible to judge the 
situation accurately, given the rural nature of the economy. 
Many Mauritanian workers go abroad for work, but Mauritania 
also receives substantial numbers of workers from neighboring 
countries . 

While education is not compulsory in Mauritania, no child may 
be employed before the age of 14 without the express permission 
of the Minister of Labor and National Labor Council. The 
standard minimum age of employment in nonagricultural 
enterprises is 15 years. The labor code does not address 
conditions of employment for family members in agriculture or 
animal husbandry, which is largely outside the cash economy and 
accounts for 95 percent of non-Government economic activity in 
Mauritania. Although there are no figures available, the use 
of child labor (except in the family-owned agricultural sector) 
is not thought to be widespread due to massive unemployment 
among adult males. There is a guaranteed minimum wage, 
established in 1985 for unskilled workers and for agricultural 
workers and in 1984 for skilled workers. Information on actual 
wage levels is scanty and often unreliable. 



201 



MAURITANIA 



The standard nonagricultural workweek in Mauritania is not to 
exceed 40 hours, nor 6 days per week. Enforcement of labor 
laws is the responsibility of the labor inspectorate. Ministry 
of Labor. Disputes over labor issues are heard before special 
three-person labor courts which are overseen jointly by the 
Ministries of Justice and Labor. These courts are regarded by 
labor union leadership as unbiased and effective. 



202 



U.S.0VERSE4S 



•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COUNTRY: MAURITANIA 



^93l^ 



1985 



1936 



I.ECON 

L 

G 

A. AID 

L 

G 

(SE 

3.F00 

L 

G 

TITLE 

?EPA 

PAY. 

TITLE 

E.RE 

VOL. 

C.OTH 

L 

6 



. ASSIST. -TOTAL.. 

OANS. . . 

RANTS 



OANS 

RANT 

C.SU 

D FO 

OANS 

RANT 

I-T 

Y. I 

IN 

II- 

LIEF 

RELI 

ER E 

OANS 

RANT 

PEA 

NAR 

OTH 



PP. ASSIST.) .. 
R PEACE 



S 

OTAL 

N $-LOANS 

FOR. CURR 

TOTAL , 

.EC.DEV i WFP, 

EF AGENCY 

CON. ASSIST.., 



CE CORPS. 
COTICS.., 
ER , 



II.MIL. ASSIST. -TOTAL, 

LOANS 

GRANTS , 

A. MAP GRANTS , 

a. CREDIT FINANCING.. 
:.INTL MIL.ED.TRN3.. 
D.TRAN-EXCESS STOCK, 
E. OTHER GRANTS , 



III. TOTAL ECON. S MIL, 

LOAMS , 

GRANTS , 



13.9 


20.3 


5.8 


0.0 


0.0 


0.0 


13.9 


20.3 


5.8 


4.9 


11.4 


4.1 


0.0 


0.0 


0.0 


4.9 


11.4 


4.1 


0.0 


0.0 


0.0 


7.4 


7.4 


0.0 


0.0 


0.0 


0.0 


7.4 


7.4 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


7.4 


7.4 


0.0 


5.5 


5.0 


0.0 


1.9 


2.4 


0.0 


1.6 


1.5 


1.7 


0.0 


0.0 


0.0 


1.6 


1.5 


1.7 


1.6 


1.5 


1.7 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.1 


0.1 


0.1 


0.3 


0.0 


0.0 


0.1 


0.1 


0.1 


0.0 


3.0 


0.0 


0.0 


0.0 


0.0 


0.1 


3.1 


0.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


14.0 


20.4 


5.9 


0.0 


0.0 


0.0 


14.0 


20.4 


5.9 



OTHER US LOANS. .., 
EX-IM bank; LOANS. 
ALL OTHER , 



0.0 

0.0 
0.0 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1984 1985 1986 



1946-86 



TOTAL 


9.8 


32.6 


27.6 


452.0 


iai?D 


0.0 


0.0 


20.0 


146.0 


IFC 


0.0 


1 .2 


0.0 


19.1 


IDA 


8.1 


29.2 


7.6 


123.7 


103 


0.0 


0.0 


0.0 


.0.0 


AD3 


D.O 


0.0 


0.0 


0.0 


AFOB 


0.0 


1.3 


0.0 


38.4 


UNDP 


1.7 


0.9 


0.0 


21.9 


OHER-UN 


3.0 


0.0 


0.0 


6.6 


ee: 


0.0 


0.0 


0.0 


96.3 



203 



MAURITIUS 



Mauritius is a small, densely populated island country with a 
functioning parliamentary democracy modeled after that of 
Great Britain. It is governed by a Prime Minister, Council of 
Ministers, and Legislative Assembly. The Governor General, 
with largely ceremonial powers, represents Queen Elizabeth II, 
the titular Head of State. Elections at national and local 
levels take place at regular intervals. There are five major 
political parties, which reflect a wide range of ideological 
views, and several smaller parties. Executive power has 
changed hands twice in the last 5 years through fair and 
orderly elections supervised by an independent commission. 
Municipal elections in 1985 returned the main opposition party 
to power in Mauritius' five largest cities. 

Mauritius has no military forces and depends on the 
paramilitary 700-man Special Mobile Force and the 200-man 
Police Riot Unit for internal security. These forces, under 
the command of the Commissioner of Police, are apolitical, 
well-trained, and backed by a general duty police force of 
approximately 4,000 men. 

Mauritius has a mixed economy, based on sugar production, 
tourism, and textiles, with a strong private sector. In 1986 
the economy continued its recovery, registering a 5.5 percent 
growth rate and creation of some 20,000 jobs. Mauritius 
maintained readjustment policies in line with assistance from 
the International Monetary Fund and the World Bank. 

Political and civil rights, including the freedoms of speech 
and press, are protected under the Mauritian Constitution and 
exercised in practice. There are 290 labor unions which enjoy 
considerable freedom in contract negotiations and within the 
political arena, although their right to strike is limited by 
law. Religious freedom is respected in this society which has 
large Hindu, Christian, and Muslim populations. An 
independent judiciary administers a legal system patterned on 
the British model. Since independence in 1968, there have 
been no reports of political killings, disappearance, torture, 
or degrading treatment of prisoners. 

RESPECT FOR HUMAN RIGHTS 

Section I Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of political killings. 

b. Disappearance 

There were no reports of disappearance of persons for 
political causes. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Torture and inhuman punishment are prohibited by law, and 
there were no reports of degrading treatment or punishment. 
Prisons, however, are badly overcrowded. The situation was 
exacerbated in 1986 by Government efforts to cope with 
increased narcotics trafficking. According to local press 
accounts, over 1,000 people were arrested during the period 



204 



MAURITIUS 

of January-September 1986 for possessing narcotic substances. 
Figures are not available for the nxomber of those arrested who 
were subsequently imprisoned. The Government is sensitive to 
prison conditions and is publicly committed to their 
improvement. A British prisons expert arrived in September to 
conduct a study of prison conditions and make recommendations 
to the Government for the alleviation of current problems. 

d. Arbitrary Arrest, Detention, or Exile 

There have been no reports of arbitrary arrests or detentions 
since the early 1970 's. Detained persons have the right to a 
judicial determination of the legality of their detention. In 
practice, this determination is usually made within 24 hours. 
Bail is commonly granted. The Supreme Court recently ruled 
invalid a section of the "Dangerous Drugs Act" of 1986 which 
had provided that any person arrested under the provisions of 
Clause 46 of the Act could be detained in prison until the 
conclusion of the judicial process. According to the press, 
the practice of incarcerating those found in possession of 
narcotic substances was established in September 1986. The 
Supreme Court has been petitioned to rule on the 
constitutionality of Clause 46. 

Exile is legally prohibited. The Constitution prohibits any 
form of forced or compulsory labor. 

e. Denial of Fair Public Trial 

Mauritius' judicial system, modeled on that of Great Britain, 
consists of the Supreme Court, which has appellate powers, and 
a series of lower courts. Final appeal may be made to the 
Queen's Privy Council in the United Kingdom and is routinely 
made in the case of death sentences. There are no political 
or military courts. The legal system has consistently 
provided fair, public trials to those charged with crimes. 
Defendants have the right to private or court-appointed 
counsel. The judiciary is also charged under the Constitution 
with ensuring that new laws are consistent with democratic 
practice. Commissions of Inquiry are frequently established 
to examine various issues of social or political concern. The 
commissions, routinely chaired by distinguished jurists, 
conduct hearings, subpoena witnesses, and present their 
findings to the Government for corrective action when 
wrongdoing has been discovered. Commission proceedings are 
conducted in public and reported fully by the press. The 
findings, however, are conveyed to the Government in 
classified reports that are not routinely made public unless 
or until the Government decides to take action against an 
accused party. During 1986, one Commission of Inquiry 
examined in detail the operation of the Public Service 
Commission for local governments, a body charged with ensuring 
that appointments to local government positions are made on 
the basis of merit rather than as a result of political 
influence. A second Commission focused on drug trafficking 
and consumption. It is unclear whether judicial action will 
result from evidence gleaned during the inc[uiry on drugs, some 
of which concerns parliamentarians suspected of involvement in 
drug trafficking. 

■f . Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The sanctity of the home is guaranteed by law and generally 
respected in practice. The search of personal property or 



205 



MAURITIUS 

premises is allowed only under clearly specified conditions by 
court order or by police decision if an illegal act has been 
committed. There have been reports from reliable sources that 
the Government's intelligence apparatus occasionally opens 
mail and carries out surveillance of local opposition leaders 
and other major figures. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Freedom of speech and press is protected by the Constitution 
and by local tradition. Sixteen privately owned daily, 
weekly, and monthly newspapers present varying political 
viewpoints and freely express partisan views. Newspapers are 
subject only to the legal constraints of libel laws. There is 
one television station and two radio channels (one strictly 
educational) broadcasting in five languages. The television 
and radio are reasonably objective in news and entertainment 
presentation, although opposition politicians occasionally 
accuse the broadcasting corporation of political bias in its 
news coverage. Television and radio broadcasts are also 
easily received from the nearby island of Reunion (a French 
Department) and are subject to no interference by the 
Government. However, any foreign satellite broadcasts, or 
programs from foreign sources, which are considered 
"controversial" are subject to approval by the Cabinet of 
Ministers before transmission on local television or radio. 

In March 1985, the Legislative Assembly passed an act which 
made it a felony to charge without proof in speech or print 
that a government minister was corrupt in exercising official 
functions. The first offense brings a $600 fine; the second, 
3 years in prison. Although the act remains in force, it has 
yet to be used to prosecute anyone. 

b. Freedom of Peaceful Assembly and Association 

Mauritians enjoy the right to form associations, including 
political parties, trade unions, and religious organizations. 
Mauritius has a multitude of such private organizations. 
Political, cultural, and religious assemblies are 
commonplace. Although police permission is required for 
holding demonstrations and mass meetings, such permission is 
rarely refused. May Day rallies held in 1986 by all major 
political parties attracted a total of 30,000 supporters. 

Mauritius has an active trade union movement. Almost 300 
unions represent 90,000 workers, more than one-fourth of the 
work force. Unions are free to organize workers in all 
sectors, including the Export Processing Zone (EPZ) which 
employs about 66,000 workers. Unions can press wage demands, 
establish ties to domestic political parties and international 
organizations, and address political issues. One leading 
federation actively supports the opposition party. The 
largest confederation, the Mauritian Labor Congress, is a 
member of the International Confederation of Free Trade 
Unions. In theory, unions have the right to strike. However, 
in labor disputes, the Industrial Relations Act requires a 
prestrike, 21-day cooling-off period followed by binding 
arbitration, which has the effect of making most strikes 
illegal . 



206 

MAURITIUS 

c. Freedom of Religion 

There is no official state religion in Mauritius. Hindus, 
Christians, Muslims, Buddhists, and others openly practice, 
teach, and proselytize their religions without prejudice. All 
religious institutions receive state subsidies in proportion 
to their memberships. There is no state-sanctioned 
discrimination against any ethnic or religious community. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

There are no restrictions on full freedom of movement within 
the country. Foreign travel, emigration, and repatriation are 
also unrestricted. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Mauritius is governed by a freely elected, unicameral 
Legislative Assembly, with executive direction coming from a 
Council of Ministers, currently headed by Prime Minister 
Anerood Jugnauth. The Governor General has the right to 
designate the person charged with forming a new government 
following parliamentary elections or a parliamentary crisis. 
Parliamentary, municipal, and village council elections are 
held at regular intervals. Voting and running for office are 
rights of all citizens 18 years of age and over. In the 
Legislative Assembly, 8 of the 70 members are appointed 
through a complex "best loser" system designed in part to 
ensure that all ethnic groups are adequately represented. The 
governing coalition consists of 5 parties and officially 
controls a majority of the 70 seats. Political parties often 
match the ethnicitj^ or religion of their candidates to the 
composition of particular electoral constituences . There have 
been allegations that certain groups, including Muslims, are 
underrepresentated in the civil service. The December 1985 
elections were supervised by an independent commission and 
were preceded by intense campaigning, including regular public 
rallies . 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigations of Alleged Violations 
of Human Rights 

There have been no known requests by international 
organizations to investigate human rights violations in 
Mauritius. Amnesty International maintains two branches in 
Mauritius. There are several local human rights groups which 
address the internal situation in Mauritius without government 
intrusion. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Women in Mauritius participate in all types of political, 
business, and social activities, and a few hold important 
positions. Nonetheless, traditional ethnic and religious 
attitudes prevent women from achieving true parity: For 
example, only 4 of 70 parliament members and 1 of 19 ministers 
are women. The Mauritian Government seeks to improve the 
status of women, and recent amendments to laws ranging from 
emigration to inheritance have removed sex discriminatory 
sections. An interministerial committee headed by the 



207 



MAURITIUS 

Minister of Women's Rights and Family Welfare (a woman) was 
formed in April 1985 to address remaining discriminatory 
elements in local laws and practices. Discriminatory laws and 
regulations remain include a prohibition against women serving 
on juries and in the national pension scheme. 

Although the Ministry of Women's Rights and Family Welfare was 
made into a combined portfolio with labor and industrial 
relations in 1986, the Ministry of Women's Rights and Family 
Welfare still receives one of the smallest ministerial 
allocations — only $380,000 in the 1986-87 budget. The 
illiteracy rate for women (20 percent in 1983) is about twice 
that of men. While women are highly sought for employment in 
manufacturing plants, they tend to occupy the less skilled and 
lower paid positions and are particularly susceptible to 
layoffs during economic downturns. The average industrial 
salary for women is about 50 percent that of men. The 
Minister for Labor and Industrial Relations, Women's Rights 
and Family Welfare has indicated, however, that middle 
management training for women is one of her ministry's 
priorities . 

CONDITIONS OF LABOR 

Conditions of employment in Mauritius, including wage and 
leave conditions, are generally sufficient to afford an 
acceptable standard of living for workers in the agricultural, 
service, and manufacturing sectors. Government, private 
welfare groups, and labor unions serve as watchdogs on 
potential employer abuses. A maximum workweek of 45 hours is 
allowed, and children below the age of 14 cannot be legally 
employed, although scattered cases of child labor have been 
reported. The Government mandates minimum wage increases each 
year based on inflation. It also operates an unemployment 
insurance program and a social security fund, although an 
effective social safety net does not yet exist. The rapid 
transfer of workers out of traditional sectors into the 
industrial work force has caused some social displacement, and 
occasional disputes have arisen between workers and 
employers — especially foreign managers — in the EPZ and other 
industrial sectors. These growing pains seem to be declining 
as foreign employers adjust to their Mauritian workforce and 
new workers learn industrial discipline. 



208 



U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRf: MAURITIUS 



1984 



1935 



1986 



I.ECON. 
LO 
6R 
A. AID 
LO 
GR 
(SEC 
B.FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
E.REL 
VOL.R 
C.OTHE 
LO 
GR 



ASSIST. -TOTAL.. 

ANS 

ANTS 



ANS 

ANTS 

.SUPP. ASSIST.).. ■ 

FOR PEACE 

ANS 

ANTS 

1-TOTAL 

. IN $-LOANS...., 

IN FOR. CURR 

II-TOTAL 

lEF.EC.OEV ■>A WFP. 
ELIEF AGENCY.. .. , 
R ECON. ASSIST... 

ANS 

ANTS , 

PEACE CORPS 

NARCOTICS , 

OTHER , 



II.MIL. ASSIST. -TOTAL... 

LOANS 

GRANTS 

a. MAP GRANTS 

B. CREDIT FINANCING.... 
C.INTL MIL.ED.TRNG.... 
5.TRAN-EKCESS STOCK... 
E. OTHER GRANTS 



III. TOTAL ECON. 

LOANS 

GRANTS.... 



MIL.. . 



4.3 


7.2 


2.1 


0.3 


0.0 


0.0 


4.8 


7.2 


2.1 


4.0 


7.2 


2.1 


0.0 


0.0 


0.0 


4.0 


7.2 


2.1 


4.0 


7.0 


1.9 


0.8 


0.0 


0.0 


0.0 


0.0 


0.0 


0.8 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.8 


3.0 


3.0 


0.8 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.3 


0.0 


0.0 


0.0 


0.0 


, 0.0 


0.0 


0.0 


0.0 


O.D 


0.0 / 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


4.8 


7.2 


2.1 


0.0 


3.0 


0.0 


4.3 


7.2 


2.1 



TOTAL 


65.1 


1.1 


36.0 


315.8 


I3R0 


60.2 


0.0 


30.0 


226.2 


if: 


0.0 


0.0 


6.0 


6.5 


IDA 


0.0 


0.0 


0.0 


20.2 


ID3 


3.0 


0.0 


0.0 


0.0 


A03 


0.0 


0.0 


0.0 


0.0 


AFDB 


4.2 


0.0 


. 0.0 


24.0 


UNDP 


0.7 


1.1 


0.0 


15.3 


OHER-UN 


3.0 


o.'o 


0.0 


2.3 


EEC 


0.0 


0.0 


0.0 


21.3 



/ 



OTHER US LOANS.......... 0.0 


0.0 0.0 


EX-IM BANK LOANS 0.0 

ALL OTHER 0.3 


0.0 0.0 
0.0 0.0 


ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1985 1986 


1946-86 



209 



MOZAMBIQUE 

Mozambique gained independence from Portugal in 1975 following 
a decade of guerrilla warfare waged by the Front for the 
Liberation of Mozambique (FRELIMO) . The political bureau of 
FRELIMO, the only party allowed, is the key decisionmaking 
organ, and it articulates government policies. Following 
President Samora Machel's death in an aircraft crash October 
19, the Central Committee of FRELIMO elected Foreign Minister 
Joaquim Chissano as the new President and head of FRELIMO. The 
President appointed a new Council of Ministers which is 
responsible for the day-to-day operations of the Government. 
The security forces include the military, the People's Forces 
for the Liberation of Mozambique (FPLM); and the Mozambican 
Security Service (SNASP) . A self-proclaimed nonaligned, 
nationalist, and Marxist-Leninist party at independence, 
FRELIMO' s approach is increasingly pragmatic, aimed at dealing 
with the economic and political realities of catastrophic 
drought and growing civil war, which together have uprooted 
thousands of people, destroyed much of the economic and social 
infrastructure, and caused widespread casualties. 

Since the late 1970 's the Mozambican National Resistance 
(RENAMO) has waged an increasingly violent guerrilla war 
against the Government. The insurgents' preferred target is 
the economic infrastructure, but their tactics have resulted in 
the deaths of thousands of civilians. Little is known about 
its popular support or its political aims, but RENAMO claims to 
have 20,000 troops, and in the past 2 years it has become 
active in all Mozambican provinces. Originally RENAMO was the 
creation of Ian Smith's Rhodesian regime; more recently, it has 
received extensive support from South Africa. The Government 
has responded to the growing insurgency by applying aggressive 
security measures of its own and seeking diplomatic and 
military help from neighboring states, principally Zimbabwe, 
which in December 1986 had over 6,000 combat troops in 
Mozambique. Earlier, the Machel Government attempted to cut 
off South African assistance to RENAMO through the March 1984, 
Nkomati Accord with South Africa which committed both countries 
to cease hostile acts against the other and to search for ways 
to increase economic cooperation. At the end of 1986, 
President Chissano accused South Africa of airlifting supplies 
to RENAMO forces in violation of this nonaggression pact. On 
the economic front, to meet the growing threat of famine and 
spiraling inflation, the Government turned to the West for food 
aid and economic assistance, and the President announced he 
would institute a major economic "austerity" program. 

Against this background, the overall human rights situation 
deteriorated in 1986 due to the insurgency. By the end of 
1986, nearly 1 million Mozambicans of a population of 14 
million had fled either to the cities or to neighboring 
countries. In September alone, over 400,000 persons were 
displaced. In addition to abuses by RENAMO forces, FPLM and 
SNASP forces committed excesses against civilians. There have 
been no reports of public and summary executions by the 
Government since 1983, but there are continuing allegations of 
torture by both guerrilla and government forces. 

Despite the difficult circumstances, the first elections since 
1977 took place between August 15 and December 15, 1986, to 
choose representatives to local, district, provincial, and 
national people's assemblies. The elections were held within 
the framework of the country's one-party system. 



210 

MOZAMBIQUE 



RESPECT FOR HUMAN RIGHTS 



Section 1 Respect for Integrity of the Person, Including 
Freedom From: 

a. Political Killing 

The continuing war between the Government and RENAMO has led to 
the death of many Mozambicans as well as a number of foreign 
civilians. Precise figures are unavailable, and both sides 
exaggerate accusations against each other. The total number of 
fatalities over the past few years is certainly in the 
thousands. The insurgents in particular have been brutally 
violent, mutilating, killing, maiming, and kidnaping their 
victims. For example, according to reliable reports, RENAMO 
ambushed a commercial bus in February, killing 7 unarmed 
civilians and wounding 20. RENAMO also killed a number of 
civilians during August and September, apparently in an effort 
to impede the electoral process through intimidation. RENAMO 
has charged, however, that on several occasions FRELIMO forces 
perpetrated killings of civilians and then blamed the killings 
on RENAMO. In addition, there is a large gray area involving 
killings by actual bandits or renegade FPLM or RENAMO 
personnel, such as in 1986 actions in Matola, Machava, and 
Catembe near Maputo. Indiscipline among both RENAMO and FPLM 
forces remains a major problem. The Government has continued 
aggressive efforts to combat RENAMO, and government military 
operations have reportedly resulted in the killing of civilians 
in contested areas. 

Amnesty International's 1986 Report (covering 1985) notes that 
it had received reports of killings and mutilations of captives 
by both government and opposition forces. The Council of 
Catholic Bishops in Mozambique has publicly decried the 
violence perpetrated against the civilian population by both 
sides. In 1986 the Government halted public execution of 
insurgents and those convicted of economic sabotage or other 
crimes against the State. 

b. Disappearance 

There were no confirmed reports of government-perpetrated 
disappearances. However, the Government's commitment to the 
prompt notification of relatives and friends of detained 
persons remains suspect, and it is often impossible to know 
whether a person has disappeared or is in detention. Security 
forces, operating under security legislation, sometimes hold 
detainees incommunicado for extended periods, despite the fact 
that detainees have the legal right to contact their relatives 
and to receive visitors. The Government's observance of this 
right improved in 1986, mainly due to President Machel ' s public 
campaign in 1985 to safeguard the legal rights of detainees. 

RENAMO has reportedly abducted thousands of rural villagers and 
continued these kidnapings throughout 1986. Some of these 
people were released after being required to transport 
materials or perform other tasks. Others were held permanently 
in' rural areas outside of formal government control. RENAMO 
also increased the kidnaping of foreigners, but in August it 
released 5 Portuguese and Italian nuns, and in December another 
65 hostages. RENAMO 's seizure of foreign personnel seriously 
stymied U.N. and other donor food relief efforts. 



211 



MOZAMBIQUE 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

In the early years after independence, according to nximerous 
reports, political prisoners at remote government-organized 
"reeducation camps" were brutally bound, beaten, and often 
killed. These camps were used to intern political prisoners 
and "antisocial elements." Starting in 1979, however, the 
Government promulgated laws establishing a formal judicial 
system. In 1981 President Machel declared that henceforth no 
one would be sent to a reeducation camp without due process. 
Also in 1981, the President launched the "offensive for 
legality," which led, inter alia, to the firing of a number of 
security and defense force members for abusing prisoners. 

Most observers believe there were fewer instances of torture in 
1986, thus maintaining a downward trend. Nevertheless, there 
were new reports in 1986 of capricious and cruel treatment by 
some members of the security and defense forces. Amnesty 
International's 1986 Report noted that harsh beatings, 
inflicted with a variety of instruments, were the most 
frequently reported form of torture in 1985. In this 
connection, the Government reintroduced the practice of 
flogging (for example as punishment for economic crimes), and 
flogging is used extensively in rural areas where incarceration 
is difficult. Ministry of Justice officials have publicly 
condemned excessive and illegal floggings. 

According to numerous reports, including Amnesty 
International's 1986 Report, RENAMO has tortured, maimed, and 
mistreated both military prisoners and civilians. A 
frequently reported RENAMO technique is to cut off the noses, 
ears, and lips of civilians believed by the insurgents to 
sympathize with the Government. Thousands of Mozambicans have 
undergone such disfigurement. 

Prisons in Mozambique are generally overcrowded and marked 

by inadequate food, hygiene, and medical care. The Government 

has sought foreign assistance to improve prison conditions. 

d. Arbitrary Arrest, Detention, or Exile 

Since 1979 two separate legal systems have existed. One is the 
regular civil/criminal system composed of the judiciary 
(courts) and a police force under the authority of the Ministry 
of the Interior. The other, characterized in its initiating 
legislation as transitional, is the military-run State Security 
System, which incorporates the Ministry of National Security 
(SNASP). This latter system, established to deal with the 
growing armed insurgency, has jurisdiction over both political 
and economic (sabotage) crimes against the State. These two 
systems operate separately and are subject to separate controls. 

Under the State Security System, all investigations and arrests 
are carried out by SNASP, and detainees may be held 
indefinitely, often incommunicado, without formal charges. 
SNASP has the power to conduct pretrial inquiries without 
reference to an investigating judge. Amnesty International has 
recommended that SNASP ' s power to detain persons be drastically 
reduced because such unlimited authority invites abuse and 
leads to prisoner mistreatment. There are no reliable 
estimates of the numbers of persons detained for political 
reasons. Amnesty International estimated that there were 
approximately 4,000 to 5,000 RENAMO detainees at the beginning 
of 1986, a figure the Government has publicly acknowledged. 



212 



MOZAMBIQUE 

Under the regular civil/criminal court system, persons accused 
of the most serious crimes can be detained up to 84 days 
without investigation, and then such detainees can be held for 
two additional periods of 84 days with the approval of the 
court while the police complete their investigation. While 
being held for investigation, a detainee has the right to 
counsel and to contact relatives or friends. In practice, 
these procedures are not always followed, and legal counsel is 
frequently not available. In some cases, detainees may be 
released from prison while the investigation proceeds, but the 
bail system in Mozambique remains ill-defined. If the 
prescribed period for investigation has been completed and no 
charges have been brought, the detainee must be released. 

In 1985, as part of the "offensive for legality," the 
Government set up a judicial inspectorate to help supervise the 
administration of courts and prisons. During 1986 the Ministry 
of Justice continued its effort to ensure that detainees held 
by police were afforded access to government-provided legal 
assistance. The Ministry of Justice also launched programs to 
publicize basic laws and the rights of defendants, families, 
and children, and to conduct seminars on human rights 
throughout the country. During 1986 there were no reports of 
anyone being exiled from Mozambique. 

As far as is known, compulsory labor is not practiced in 
Mozambique, although RENAMO reportedly uses captive labor to 
carry out supply and other support functions. 

e. Denial of Fair Public Trial 

Nonpolitical trials conducted by the regular civil/criminal 
court system are generally fair and are held in public. At the 
local level they are often conducted in a public place in the 
village where the crime was allegedly committed to encourage 
public attendance and participation. The proceedings are 
conducted by a trained representative of the Ministry of 
Justice, assisted by two or four popularly elected "judges." 
Since the legal knowledge of those involved is limited, they 
are instructed to exercise common sense and to apply locally 
accepted principles. These courts can handle only minor 
offenses; more serious crimes are judged in People's Courts at 
the district and provincial levels. District and provincial 
trials are also open to the public, except in certain cases 
such as rape, where the defendant can request a closed trial. 
Persons convicted of a serious crime have the automatic right 
of appeal to the next higher court. There is a Superior Court 
of Appeals in Maputo. 

Prisoners charged with crimes against the State are tried by 
the Revolutionary Military Tribunal. These trials are held in 
camera, and there is no recourse of appeal. In general, 
treatment of RENAMO prisoners is not known. However, there is 
a model prison for them in Inhambane where they receive 
training in various skills. The length of detention of such 
prisoners is not known. 

f . Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

While the party apparatus is a vehicle for monitoring daily 
life, in practice there is no gross interference with family 
affairs. However, especially in areas of active insurgency, 
homes are entered at will by security or police forces. It is 
widely assumed that surveillance devices are employed to 



213 



MOZAMBIQUE 

monitor the local and international telecommunications 
systems. There have also been reports of tcimpering with mail, 
especially mail from abroad. Regular foreign broadcasts are 
received without interference, and there is no official 
restriction on listening to them. 

While people are not forced to belong to FRELIMO, there is an 
obvious correlation between professional advancement and party 
membership. Nonparty members are also occasionally compelled 
to attend political indoctrination meetings where they work or 
live, although in most private firms such meetings apparently 
cannot be called without the consent of the employer. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

There is little tolerance for public criticism of basic 
government policies and officials at the national level. At 
the local level, especially in rural areas, there is greater 
openness as the people express their views on prevailing 
conditions. In a public meeting in Matola, for example, 
residents criticized the armed forces for lack of security at 
night . 

The Government exerts either tacit or de facto control over all 
authorized publications in the country, ranging from the radio 
and experimental television facilities to the nominally 
independent daily Noticias. Although the media promote the 
Government's general philosophy and its positions on issues, 
there is controlled reporting on abuses within the system or 
flaws in the implementation of government policies in those 
areas where the Government has admitted to errors or wishes to 
initiate changes. Magazines and newspapers frequently contain 
articles or letters to the editor complaining about the lack of 
goods and social services or the ineffectiveness of a 
particular official. During August and September, the media 
reported a number of critical exchanges between local electoral 
candidates and voters. 

Western journalists (including Americans) are welcome in 
Mozambique, and the Government generally works to make their 
visits productive. 

b. Freedom of Peaceful Assembly and Association 

Political opposition to the Government and to FRELIMO is not 
permitted. Public meetings other than purely social or 
recreational gatherings are controlled by the local 
authorities. The right of Mozambicans to come together to form 
voluntary associations is limited; local economic cooperatives 
and social organizations such as sporting groups are 
encouraged, but politically oriented associations are 
proscribed. The Government has organized several "mass 
movements" for women, youth, workers, etc., and utilizes them 
to motivate and receive "feedback" from the general population. 
There are also several professional associations, such as the 
Mozambican writers' association, which are linked to the 
party. Although membership in these organizations is 
theoretically voluntary, there is occasional pressure to join. 

The formation of independent labor unions is not permitted, and 
strikes are forbidden. In 1983 the Government established the 
Mozambique Workers' Organization which was intended to function 
as a national labor union under FRELIMO guidance. An 



214 



MOZAMBIQUE 

independent organized union movement has yet to develop, and 
the Mozambique Worker's Organization has little influence on 
economic policy or politics. There are occasional exchanges of 
delegations in the labor field with other countries, most often 
with Eastern European countries, but also with Western nations, 
including the United States. 

c. Freedom of Religion 

Although the Constitution guarantees freedom of religion and 
separation of church and state, the Government has placed 
restrictions on the activities of religious groups. It 
reserves the right to decide whether individual church 
buildings can be utilized and has nationalized church schools 
and hospitals. However, the improvement in church/state 
relations which began several years ago continued in 1986, and 
organized religions now operate without official harassment. 
Pastoral letters issued in 1986 by the Catholic bishops which 
were critical of governmental policies circulated widely 
without reprisals by the authorities. In addition, the 
government-published TEMPO magazine contained two articles 
which dealt with the productive role played by Protestant 
churches recently in Mozambican society. Some churches are 
effective in social work and in acting as channels for the 
distribution of emergency food donations to the poorest regions 
of the country. 

Although the Government reserves the right to decide whether 
individual clergy can visit outlying areas, it usually allows 
such travel in connection with pastoral duties; most churches 
are open, and services are well attended. The Muslims have 
also been allowed to establish a national organization, resume 
religious training, reopen mosques, and send groups on 
pilgrimages to Mecca. Party members are no longer specifically 
prohibited from membership in a church or mosque. Critical 
comments regarding religious beliefs by the Government are 
almost always general in nature and not directed against 
specific individuals or churches. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Travel and relocation within the country are controlled by 
security and employment requirements under the rationale of 
assuring public and social order. The insurgency makes travel 
in some areas, particularly in the central provinces of Tete, 
Zambezia, and Sofala, very difficult. Mozambicans planning to 
travel outside their place of residence must obtain a travel 
permit from local government authorities. In practice, this 
system is not always enforced, especially with regard to travel 
within the general vicinity of one's residence. 

Mozambican law does not address the issue of emigration, but in 
practice Mozambicans can emigrate if they wish. Several 
hundred thousand people fled from Mozambique at independence in 
1975 because of economic chaos and fear of political 
persecution. In recent years, more than 350,000 persons have 
fled across borders to neighboring countries, due mainly to the 
intensification of the guerrilla war within the central 
provinces and the scarcity of food caused by the war and the 
prolonged drought which ended only last year. Some of these 
people have since returned, but there are still extensive 
numbers of Mozambican refugees in neighboring countries. Since 
1981 the Government has had a policy of welcoming back 
Mozambicans who left the country, and a 1982 law allows for the 



215 



MOZAMBIQUE 

reacquisition of citizenship by Mozambicans who left the 
country and assumed another nationality. Previously, some 
Mozambicans who had opposed the party before independence were 
jailed upon their return to Mozambique. Such imprisonment 
remains a possibility, but Mozambicans who in 1986 accepted the 
Government's invitation to return apparently have not suffered 
harassment or retribution. Supporters of the insurgency or 
outspoken critics of the Government generally have opted not to 
return to Mozambique. 

Since independence, the Government has readily provided asylum 
to refugees from neighboring countries. Many thousands of 
Zimbabweans resided temporarily in Mozambique during the 
struggle for that country's independence. Most refugees now in 
Mozambique are from South Africa and Malawi. Since signing the 
Nkomati Accord in 1984, the Government has restricted the entry 
of members and supporters of the African National Congress. 
Despite the poor economic situation, the Government continues 
to assist refugees by providing land, housing, relief 
assistance, social services, and in some cases, employment. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

No organized political opposition to FRELIMO is allowed. The 
party and the Government are controlled by a small cadre of 
senior officials in the politburo. So-called mass political 
involvement exists at the provincial, district, and local 
levels but only within political organizations sanctioned by 
FRELIMO. Votes by the National People's Assembly endorsing 
government policies are usually unanimous. 

The party and Government espouse a system of "People's 
Democracy" whereby decisions are theoretically made by 
consensus; in practice, this means that policies and 
initiatives emanate from above. The electoral process is 
closely controlled by the party. The first national elections 
since 1977 for people's assemblies at the local, district, 
provincial, and national levels were held from August 15 to 
December 15. The party drew up single slates of candidates for 
the elections, and local party structures reviewed these slates 
with the local population prior to the election. Voters at the 
village level then physically assembled to vote on the 
candidates, and often had some degree of choice since there 
were, by law, 20 percent more candidates than seats available 
in the various assemblies. In addition, several dozen 
candidates were rejected by the voters at various election 
meetings, and some of those elected were not party members. 
Balloting for district, city, and national assemblies was 
indirect, but was conducted by secret ballot. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

Although the Government has discussed the status of RENAMO 
prisoners with international relief organizations, including 
the International Committee of the Red Cross (ICRC), it has not 
yet allowed them access. At a major ICRC meeting in Geneva in 
October, Mozambique was cited as one of only six countries that 
refuses to allow ICRC access to prisoners. Amnesty 
International has presented to the Government recommendations 
to strengthen the controls against torture and to limit the 
right of the security forces to hold detainees for unlimited 
time without charge, but these recommendations have had no 



66-986 0-87-8 



216 



MOZAMBIQUE 

apparent impact on government policies. In a few cases, 
however, the Government has been responsive to private 
inquiries on specific detainee cases. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

In spite of the strains imposed by the war and the economic 
collapse, racial harmony generally remains a hallmark of 
Mozambican society. The number of ethnic Asian and white 
Mozambicans holding important positions is much greater than 
their proportion of the general population, a reflection of the 
greater educational opportunities available to these groups 
prior to independence rather than to unequal treatment. While 
it is true that the majority of the FRELIMO leadership are 
members of the southern-based Shangaan tribe, within the black 
population of Mozambique individual ethnic groups are treated 
relatively equally by the Government and enjoy constitutionally 
rooted legal equality. RENAMO, however, tries to exploit what 
it perceives to be historically based Mozambican intertribal 
antipathies to appeal to other tribes. 

Largely due to government support, women are playing an 
increasingly important role in Mozambique, particularly at the 
working levels of government. The 1985 National Congress of 
the party-affiliated Mozambican 's Women's Organization was 
notable for its avoidance of ideology and its concentration on 
issues of direct relevance to women. 

CONDITIONS OF LABOR 

The Government has continued efforts to safeguard the health 
and welfare of the population. Health and environmental laws 
protecting workers have been enacted, and the Government has on 
occasion closed down firms for noncompliance. Recent 
government legislation provides for the right of 60 days 
maternity leave. If firms have day-care facilities, women 
reportedly have the right to 2 half-hour breaks daily for a 
year to feed their children. The legislation reportedly 
contains other job-related safeguards for pregnant women and 
new mothers. Child labor is also controlled, and the minimum 
working age (excluding agriculture) is 16. The minimum wage 
for the wage labor sector is approximately $64 per month but is 
woefully inadequate, given the shortage of food and consumer 
goods and the high rate of inflation. The Government has been 
examining the issue of wages, and an increase in wages is 
expected to be part of an economic reform process which the 
Government has launched. 

Until recently labor law in Mozan±iique was generally favorable 
to the employee. However, the Government has enacted a 
comprehensive labor law that increases the autonomy of 
employers. Among other things, it allows both public and 
private firms to fire employees without obtaining governmental 
permission. Companies may now also reward their best workers 
with bonuses and penalize less productive employees. 



217 



U.S. OVERSEAS -L0AN3 iMD SRflNTS" 03LI'3ATI0NS AND LOAM AUTHORIZATIONS 
(U.S. FISCAL YHaRS - MILLIONS OF DOLLARS) 

c J .M T R Y : MO z a ,-1 3 1 ; u ; 

1984 1535 1986 

I.E-ON. ASSIST. -TOTAL. . . 18.3 33.? 10.5 

LOANS 0.3 17.0 0.0 

GRANTS 13.3 Z1.3 10.5 

A. BID 8.9 13.4 10.5 

LOAMS 0.0 0.0 0.0 

GRANTS 8.9 13.4 10.5 

(SEC.SU'P. ASSIST.) .. . 7.0 13.1 9.7 

a.^oojFo^'EA:-:- 9.4 25.4 0.0 

LJANS 0.0 17.0 0.0 

3RANT3 9.4 3.4 0.0 

TITLE I-TOTAL 0.0 17.0 0.0 

?£PAY. 1^ •5-LOAWS 0.0 17.0 0.0 

PAY. IN FOR. CURR 0.0 0.0 0.0 

TITLE II-TOTAL 9.4 3.4 0.0 

6. RELIEF. EC. DEV '. WFO. 9.4 6.2 0.0 

VOL. RELIEF AGENCY 0.0 2.2 0.0 

C. OTHER ECON. ASSIST... 0.0 0.0 0.0 

LOANS 0.0 0.0 0.0 

GRANTS 0.0 0.0 0.0 

PEACE CORPS 0.0 0.0 0.0 

NARCOTICS 0.0 0.0 3.0 

OTHER 0.0 0.0 0.0 

II.MIL. ASSIST. -TOTAL. . . 0.3 3.0 0.0 

LOANS 0.0 0.0 0.0 

GRANTS 0.3 3.0 0.0 

A.MAPGRANTS 0.0 0.0 0.0 

3. CREDIT FIN A NCI 'IS.... 0.0 '.0 0.0 

: . I N T L M I L . £ . T P. v| S . . . . 0.3 0.3 0.0 

O.T^AN- EXCESS :.<... 0.0 3.0 3.0 

E.uiHcP if,A:,r: 0.0 0.0 0.0 



III.TUIAL ECOIi. 'IL... 14.3 3='.? 10.5 

LOANS 0.3 17.3 0.0 

GRANTS 1 -. ? 21 .^. 13.5 

OHE:R US LOAliS 0.3 3.Q 3.0 

E<-lr. dAi.< LU-:.: 0.3 3.3 3.0 

A-. LOTHER 0.3 3.0 0.0 

ASSISTANCE r^O'1 I 'I TE^ NATIONAL ASENCIES 

1=Si 1935 1936 1946-35 

TOTAL 47.4 61.0 2.5 227.9 

:b?o 0.? 0.0 0.0 0.0 

if: 3.0 0.0 2.5 2.5 

IDA 0.0 45.0 0.0 45.0 

103 0.0 0.0 0.0 0.0 

AD3 0.0 0.0 0.0 0.0 

AF03 45.2 0.0 0.0 116.9 

UN3P i.2 2.6 ,0.0 40.1 

OUcR-UN 0.0 13.4 0.0 23.4 

ee: 0.0 0.0 0.0 0.0 



218 



NIGER 



Niger is governed by an authoritarian military regime with 
power concentrated in the hands of its President, General 
Seyni Kountche, who heads the nation's highest body, the 
Supreme Military Council. Kountche took power in 1974 in a 
military coup, toppling the civilian regime of Hamani Diori. 
At that time the Constitution was suspended, and Kountche has 
since ruled by decree. The freedoms of assembly, speech, and 
political activity are restricted. Public dissent is almost 
nonexistent, and private dissent tends to be rare for fear of 
retribution. 

Niger, one of the world's poorest countries, occupies a large 
area in the arid Sahel region of West Africa. The economy 
hinges on subsistence farming, livestock, and some of the 
world's largest uranium deposits. However, severe drought, a 
3.1 percent population growth rate, and declining world demand 
for uranium since the early 1980 ' s have had a serious negative 
impact on the Niger ien economy. 

The human rights situation in Niger improved marginally in 
1986. The Government is proceeding cautiously with the further 
development of the National Development Society, which many 
believe will lead to greater civilian involvement in economic 
decisionmaking. Substantial progress was made on a "national 
charter" which is scheduled to be the subject of an early 
national refrendum. President Kountche stressed publicly in 
April, however, that the armed forces will continue to play a 
preponderant role in the political life of the nation no matter 
how democratic institutions evolve. Early in 1986, trials of 
public officials accused of corruption were held in public, 
the defendants had able legal counsel, and the verdicts 
rendered were less than the maximum penalty (death) prescribed 
by the law. Those persons arrested following the October 1983 
coup attempt are still being held in detention. The 
restrictions on nighttime travel in Niger were lifted early in 
the year. Niger also signed the Organization of African 
Unity's African Charter of Human and Peoples' Rights in 1986. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of political killings. 

b. Disappearance 

No disappearances were reported. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Systematic torture of detainees and prisoners is not believed 
to take place in Niger. While not officially sanctioned by 
the Government, cruel treatment, usually in the form of 
physical beatings, has been meted out, however, by officials 
charged with the custody of political prisoners. Non-Niger iens 
resident in Niger are frequently harassed by the police and 
occasionally suffer physical abuse while in detention. It is 
believed that political prisoners or detainees are rarely 
allowed visits from family members, but some with severe 



219 



NIGER 

medical problems have been allowed treatment by specialists 
from Europe. 

d. Arbitrary Arrest, Detention, or Exile 

With the Constitution suspended since 1974, there are no 
specific statutory protections against arbitrary arrest or 
imprisonment. Warrants are not required for an arrest, and 
there is no right to judicial review of the legality of 
arrests or detentions. For criminal offenses, the law holds 
that detainees must be charged within 48 hours, but delays 
sometimes occur as the result of a lack of trained legal 
officials. In cases concerning political or security-related 
matters, detainees can be held indefinitely without charge, as 
in the case of the 19 detainees held in connection with the 
October 1983 coup attempt who are still awaiting trial. 
Amnesty International estimated their number at 20-25 at the 
end of 1985. Former President Hamani Diori remained under 
house arrest at the end of 1986. When the Government believes 
the national security to be at risk, large numbers of citizens 
may be rounded up arbitrarily for questioning, as with the 
roundup of Tuaregs in Niamey after the attack on a police 
station in Tchin-Tabaraden in 1985. 

Forced labor is not practiced in Niger, but during the 1985 
drought emergency, displaced herders, primarily ethnic Tuaregs 
and Fulanis, were in some instances forcibly moved onto 
government-sponsored, vegetable-growing projects. There are 
no known instances of dissidents or political opponents being 
exiled by the Kountche Government, although some dissidents 
have voluntarily gone into exile. 

e. Denial of Fair Public Trial 

The exact number of political prisoners in Niger is unknown. 
The 11 Tuaregs convicted and sentenced to death in connection 
with the Tchin-Tabaraden affair had reportedly not been 
executed by the end of 1986. 

Political and security-related cases are tried in the State 
Security Court, which operates outside the traditional legal 
framework. This body, established by presidential decree, 
meets in secret, and while little is known about its 
proceedings, it is believed that its members are military 
officers. According to Amnesty International, the Tuaregs 
condemned to death in 1985 were tried before this court. 

Civil and criminal cases not involving security-related acts 
are tried publicly. Legal counsel is provided for indigent 
defendants accused of felonies or other major offenses if they 
are under 18 years of age, handicapped, or faced with the 
possibility of a sentence of more than 10 years. While there 
are reliable accounts that courts in some specific cases have 
been subject to political influence or pressure in ordinary 
civil or criminal cases, the judicial system is believed to be 
generally independent and fair. Defendants may appeal verdicts 
first to an appellate court and, if desired, to the nation's 
highest tribunal, the State Court, composed of civilian 
magistrates, which serves as a final court of appeals. The 
President has the right of pardon in penal cases and has 
invoked this right on several occasions in recent years. At 
the village level, matters such as property disputes are 
frequently resolved by traditional means without reference to 
the formal legal system. 



220 



NIGER 

In June 1985, President Kountche announced the formation of a 
special court to investigate civil service corruption. Stiff 
penalties were established for these crimes, including the 
death penalty for convictions of embezzlement of amounts over 
$500,000. At the corruption trials held in 1986, however, 
life imprisonment was the most severe penalty assessed. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The police have the right to enter homes between 5 a.m. and 
9 p.m. and will enter at other times if deemed necessary. Many 
of the Tuaregs rounded up in Niamey in early June were removed 
forcibly from their homes. Court warrants are not required in 
such instances. Violations of privacy such as interference 
with correspondence, telephone tapping, and use of informer 
networks are known to take place. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

These freedoms are restricted. Institutions which might voice 
dissent, such as an independent press or a freely elected 
legislature, do not exist. The media are controlled by the 
Government. While some criticism of government policy or 
bureaucratic inefficiency is allowed, especially in the weekly 
publication Sunday Sahel, such criticism is expressed at the 
behest of, or at least with the knowledge of, the Government. 
Debates on aspects of the economy or cultural policy sometimes 
take place in the media, but the boundaries of permissible 
discussion are well understood in advance by all participants. 
The primary functions of the media are to disseminate 
government policies and viewpoints and to rally popular support 
for government programs and leading figures such as the 
President. Nigerien journalists are acutely aware of their 
status as government employees and of the guidelines within 
which they must operate. Journalists who the Government 
believes have strayed from these guidelines have been demoted, 
fired, or otherwise disciplined in the past, although no such 
incidents occurred in 1986. While there are no legal 
constraints on academic freedom, in practice university 
students and professors are reluctant to speak openly about 
potentially controversial domestic issues for fear of 
government reprisal. There have been no reports of censored 
or banned magazines or other publications, but the Government 
is under no legal constraints should it discover material that 
it deems offensive. Foreign films are subject to censorship 
by the Ministry of Interior on grounds of public morality and 
political content. 

b. Freedom of Peaceful Assembly and Association 

Except for political parties, most forms of voluntary 
association, such as trade unions, churches, and other 
religious groups, function with the understanding that they 
must act in accordance with government policy. Government 
permission is required for public gatherings, although, in 
practice, public meetings of such organizations are usually 
allowed. 

The trade union movement is controlled and partially financed 
by the Government. All unions are organized under a 
government-controlled umbrella group, the National Union of 
Nigerien Workers (USTN) . The head of the USTN is appointed by 



221 



NIGER 

the Government. The USTN represents about 30 percent of the 
approximately 60,000 salaried workers in Niger. The group is 
poorly financed partly because of government refusal to allow 
fund-raising methods such as a wage checkoff system. Lower 
level elections in the USTN are believed to be fairly 
democratic. Strikes in Niger are rare, although legal if 
conciliation and arbitration procedures have been exhausted. 
The USTN maintains relations with recognized international 
bodies and sends representatives to international meetings. 
It is a member of the Accra-based Organization of African 
Trade Union Unity. 

c. Freedom of Religion 

Niger is overwhelmingly Muslim, but Christian Churches are 
allowed to operate freely. Conversion from one religion to 
another is not prohibited but rarely occurs. Foreign 
missionaries are permitted to live, work, and tLavel in 
Niger. There have been no reports of religious 
discrimination. The Government, cautious because of the 
Islamic fundamentalist violence which erupts periodically in 
northern Nigeria, monitors Muslim religious activity through 
the Islamic Association. This Association is funded by the 
Government and assists in an informal government screening 
process of local religious leaders. Islamic services that 
have gone beyond strictly religious subjects have been shut 
down. Religious groups are allowed to maintain links with 
coreligionists in other countries. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Travel within Niger is closely monitored, although no special 
travel documents are required for domestic travel. Police 
checks, often entailing thorough searches, take place upon 
entering or leaving any major town or city. These checks 
reflect a governmental preoccupation with smuggling, a concern 
over possible movements into the country of foreign-based 
dissidents or criminal elements, and a policy designed to 
discourage migration to urban areas. Nigeriens wishing to 
travel abroad must obtain exit visas, which are usually granted 
routinely. Married women must have the permission of their 
husbands to travel abroad. The repatriation of Nigerien 
nationals is unrestricted. In May 1986, the Government 
efficiently resettled about 2,000 Nigeriens who were expelled 
from neighboring Algeria. Niger is a party to the U.N. 
Convention and Protocol Relating to the Status of Refugees and 
has been very cooperative respecting the 19 refugees currently 
in Niger under U.N. High Commissioner for Refugees auspices. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

The capacity of the people to influence the Government is 
extremely limited. Virtually all power is held by the 
President, General Seyni Kountche. He rules through the 
Supreme Military Council which is made up of officers who 
helped stage the 1974 coup that toppled the previous civilian 
regime. Kountche rules by decree, makes all government 
appointments, and controls the pace of political change and 
economic development. Government operations are conducted 
largly by civilian technocrats who implement decisions 
promulgated by the Supreme Military Council and Kountche 
himself. The President derives his power from the military. 
While all but three of the ministerial positions have passed 



222 



NIGER 

from military to civilian hands in recent years, all of 
Niger's seven departments have military governors, who have 
virtually autocratic power within their departments. 
Moreover, there is a marked military presence in the upper 
echelons of the National Development Society. 

In lieu of a party system, the Kountche Government since 1979 
has been organizing the National Development Society which in 
theory will lead to greater popular participation in economic 
decisionmaking. The Society consists of a hierarchical 
network of councils at the village, regional, departmental, 
and national levels. The councils consist of elected and 
appointed members, although only at the village level are 
members elected directly by the people. The national level 
council consists of Nigeriens from all walks of life, who also 
serve on special committees to consider various aspects of 
economic development, cultural policy, and social issues. One 
such committee has written and widely distributed a national 
charter which, it is believed, could serve eventually as the 
basis for a new constitution. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

Niger is not active in regional and international human rights 
organizations. In recent years, inquiries from international 
human rights organizations have apparently been ignored by the 
Government. There are no domestic groups which monitor the 
human rights situation in Niger. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

The essentially traditional nature of Nigerien society helps 
ensure that family and ethnic group ties remain strong and 
supportive, but traditional practices and attitudes on 
ethnicity, women, and education have some negative effects. 
Males have considerable advantages in terms of education, 
employment, and property rights. In case of divorce, custody 
of all children under 8 years of age is given to the husband. 
Conscious of this situation, the Government has made progress 
in improving the status of women by launching work on a new 
family code, by providing better employment opportunities to 
women, by giving them a significant role in the National 
Development Society, and by supporting the National Women's 
Association. In 1986 the Government continued to encourage 
Nigeriens to practice birth control. 

Four major ethnic groups, each with its own language, make up 
the bulk of the population. The two primarily nomadic groups, 
Tuaregs and Fulani (Peul), have less access to government 
services, partly because their transient lifestyles make it 
difficult for the Government to supply them with services and 
partly because of historical animosities between the nomads 
and the sedentary Djerma and Hausa ethnic groups which 
dominate the Government . 

CONDITIONS OF LABOR 

Under the Niger labor code, workers receive benefits for 
on-the-job injury, leave for family emergencies, and health 
benefits. Annual holidays and leave benefits are clearly 
defined. Children between the ages of 12 and 18 may be 
employed, but there are strict provisions concerning the hours 



223 



NIGER 

of employment and types of employment for children in this age 
group. All labor provisions, especially those concerning 
child labor, apply in practice only to urban areas. In the 
agricultural sector, which employs most Nigeriens, children 
work on family plots under conditions which are not in 
compliance with the provisions of the labor code. 



224 



U. S.0V.eRS£43 -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJMTRY: NIGER 



1934 



1935 



1986 



I.rCON. ASSIST. -TOTAL. . . 

LOANS 

GRANTS 

A. AID 

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.) .. . 

3. FOOD FOR PEACE 

LOANS 

GRANTS 

TITLE I-TCTAL 

REPAY. IN $-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAL 

E. RELIEF. EC.DEV I WFP. 

VOL. RELIEF AGENCY 

C.OTHER E:0N. ASSIST... 

LOANS 

GRANTS 

PEACE CORPS 

NARCOTICS 

OTHER .. . 

II.MIL. ASSIST. -TOTAL. . . 

LOANS 

GRANTS 

4. MAP GRANTS 

3. CREDIT FINANCING.... 
:. INTL MIL.EO.TRNG. .. . 
D.TRAN-EXCESS STOCK... 
E. OTHER GRANTS 



III. TOTAL ECON. 

LOANS , 

GRANTS. .. . 



MIL, 



29.3 


51.0 


27.1 


0.0 


0.0 


0.0 


29.3 


51.0 


27.1 


26.; 


27.5 


24.2 


0.0 


0.0 


0.0 


26.4 


27.5 


24.2 


5.0 


5.0 


4.8 


0.5 


20.9 


0.0 


O.Q 


0.0 


0.0 


0.5 


20.9 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.5 


20.9 


0.0 


0.5 


17.5 


0.0 


0.0 


3.4 


0.0 


2.4 


2.6 


2.9 


0.0 


0.0 


0.0 


2.4 


2.5 


2.9 


2.4 


2.6 


2.9 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


2.2 


5.2 


4.0 


O.D 


0.0 


0.0 


2.2 


5.2 


4.0 


2.0 


5.0 


3.8 


0.0 


0.0 


0.0 


0.2 


0.2 


0.2 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


31.5 


56.2 


31.1 


O.D 


0.0 


0.0 


31.5 


56.2 


31.1 



OTHER US LOANS. .. 
EX-IM BANK LOANS, 
ALL OTHER 



0.0 
0.0 

0.0 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1984 1935 1986 



1946-86 



TOTAL 


34.6 


37.0 


6,2.3 


579.0 


IBRD 


3.0 


0.0 


0.0 


0.0 


IFC 


0.0 


0.3 


0.0 


2.6 


IDA 


11.7 


16.8 


62.8 


305.7 


ID3 


0.0 


0.0 


0.0 


0.0 


AD3 


3.0 


0.3 


0.0 


0.0 


AFDS 


20.0 


12.3 


0.0 


73.0 


UN OP 


2.9 


3.0 


0.0 


55.3 


OTHER-UN 


0.0 


5;2 


0.0 


15.1 


EEC 


0.0 


0.0 


0.0 


127.3 



225 



NIGERIA 



President Ibrahim Babangida came to power in a military coup 
on August 27, 1985, overthrowing the military government of 
Major General Muhammadu Buhari that had seized power from 
civilians in December 1983. A 28-member Armed Forces Ruling 
Council (AFRC) is the main decisionmaking organ of the 
Government, while a 22-member Federal Cabinet presides over 
the Government's executive departments. Military governors, 
appointed by the President and assisted by mixed military/ 
civilian executive councils, head Nigeria's 19 state 
governments. The 1979 Constitution remains partially in 
effect, but significant provisions, namely, those guaranteeing 
free elections, the existence of political parties, and the 
right to due process and habeas corpus, are suspended. The 
Government has pledged to return the country to civilian rule 
by 1990. The appropriate form and structure for a 
postmilitary government was publicly debated during 1986. 

Legislation at both the federal and state levels continues to 
be promulgated by decree. All decrees are exempt from 
challenge in the courts. The Government enforces its authority 
through the federal security apparatus: the national police, 
the military, and the State Security Service (SSS). No 
separate law enforcement agencies exist at the state and local 
levels . 

Nigeria, with an estimated 100 million people, is Africa's 
most populous country. It has a mixed economy in which the 
Government plays a major but declining role in all important 
sectors. On June 27, 1986, President Babangida announced a 
major program of structural adjustment, featuring a Second- 
tier Foreign Exchange Market (SFEM), which allows the supply 
and demand of foreign exchange to determine the SFEM exchange 
rate. With the introduction of the SFEM on September 26, 
import licensing procedures, price controls, and many other 
Government restrictions were liberalized or abolished to help 
stimulate domestic production and employment, overcome public 
sector inefficiencies, and increase nonoil exports. 

In 1986 the Babangida Government continued to demonstrate a 
commitment to restoring some of the human rights formerly 
protected by the 1979 Constitution but seriously circumscribed 
in 1984-85. Judicial commissions, appointed in late 1985, 
reviewed the cases of all pending and conditionally released 
detainees, as well as the cases of all persons convicted by 
military tribunals, created under 1984 decrees, of corruption, 
currency violations, counterfeiting, drug trafficking, and 
petroleum smuggling. The AFRC generally upheld the 
commissions' recommendations, confirming detainees' releases 
or slating them for future trials, and releasing prisoners or 
reducing their sentences. The AFRC also provided for judges 
to head future special tribunals, established an appeal 
procedure for all persons convicted by the tribunals, and 
reduced penalties to make them more appropriate to the 
offense. The death penalty was abolished for cases of people 
convicted of oil smuggling and drug trafficking. 

The Government in 1986 moved decisively against potential 
violent opposition. Ten military officers were executed in 
March for coup plotting in late 1985 following trial and 
conviction by a special military tribunal. The officers had 
access to legal defense counsel and exercised their right to 
appeal their convictions. The Government also introduced 
banning from political life as retribution for the misdeeds of 
former politicians. In June 1986, President Babangida 



226 



NIGERIA 

announced that all former politicians would be excluded from 
holding public office and participating in partisan politics 
for 10 years following the resumption of political activity. 
Former civilian President Shehu Shagari and his Vice President, 
Alex Ekwueme, have been banned from politics for life. In June 
the Government temporarily closed 20 institutions of higher 
education and banned the leading student organization in the 
wake of nationwide campus demonstrations protesting police 
killings of at least 4 students during a student strike at a 
northern university. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There was no evidence of politically motivated killing in 
Nigeria at government instigation in 1986. In October a letter 
bomb killed the editor-in-chief of a weekly newsmagazine that 
had published investigative articles on controversial topics 
such as Nigerian involvement in drug trafficking and the 
dismissal of a key government official. Speculation about the 
incident includes unsubstantiated allegations of government 
involvement. A government investigation is underway. 

b. Disappearance 

There were no reports of politically motivated disappearances. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

There were no reports or allegations of torture. A portion of 
the 1979 Constitution which is still in effect outlaws torture 
and the mistreatment of prisoners. Nigerian law provides that 
such excesses be dealt with in criminal or civil proceedings. 
Prison conditions remain poor because of severe overcrowding 
and insufficient funds for basic necessities. According to 
unconfirmed newspaper reports, approximately 100 members of a 
northern religious sect arrested following a 1984 uprising have 
since died of hunger and malnutrition. 

d. Arbitrary Arrest, Detention, or Exile 

The Babangida Government has retained the authority to detain 
persons suspected of acts prejudicial to state security or 
harmful to the economic well-being of the country under 
Decree 2 of 1984, the State Security (Detention of Persons) 
Decree. This decree suspends the 1979 constitutional guarantee 
of the right to habeas corpus and cannot be challenged in any 
court of law. In response to public outcry, the Government 
rescinded a 1986 amendment to Decree 2 that would have extended 
the maximum initial detention period from 3 to 6 months and 
given detention powers to the Inspector General of Police as 
well as to the Chief of General Staff. 

In June the Government detained leaders of the Nigeria Labor 
Congress (NLC), some for up to 2 weeks, to head off a 
nationwide labor demonstration called in sympathy with students 
protesting the death of a number of students on a university 
campus in northern Nigeria during confrontations with the 
police in May. The Government also detained, and subsequently 
released without prosecution, several members of the Academic 



227 



NIGERIA 

Staff Union of Universities while investigating their 
involvement in the campus disturbances. In April newspapers 
reported the detention of several unnamed former politicians. 
In one known case, former National Assembly member Tanko 
Yakassai was held by security officials for 31 days. 
Speculation at the time connected his detention to an April 18 
warning to former politicians to stop defying the 1984 ban on 
political activity. Four of the soldiers acquitted in March 
of coup plotting remained in custody afterwards for several 
months despite their acquittals. 

In 1986 a judicial panel headed by a Supreme Court judge 
reviewed the cases of approximately 1,700 persons detained 
under Decree 2 during the Buhari Administration (1984-85), 
many of whom had already been released. A government white 
paper published in July upheld most of the panel's 
recommendations absolving many of the detainees of wrongdoing 
and recommending others for formal charging and trial. Among 
those absolved by the panel and released after publication of 
the white paper were former President Shehu Shagari and Vice 
President Alex Ekwueme, both held for 31 months without 
charge. Both are now banned for life from political activity 
and restricted to their local government areas. About 800 of 
the former detainees, mainly former politicians and public 
office holders, are to be prosecuted for corruption by a 
special tribunal named in September under Decree 3, Recovery 
of Public Property (Special Military Tribunal). Still in 
detention without charge are former Head of State Muhammadu 
Buhari and his Chief of Staff, Tunde Idiagbon. 

No Nigerian has been exiled. Self-exiled politicians are free 
to return home with the caveat that those suspected of crimes 
will be subject to prosecution. 

The Military Government does not use forced labor as a means of 
political coercion or as a sanction against free expression. 
Nigeria's 1979 Constitution provides that "no person shall be 
required to perform forced or compulsory labor." The latter 
excludes community service programs such as the National Youth 
Service Corps and environmental clean up campaigns. 

e. Denial of Fair Public Trial 

The 1984 decree modifying the 1979 Constitution left the 
judiciary relatively unscathed, although special military 
tribunals were established outside the regular judicial 
system, notably for corruption cases. The judiciary is 
composed of both federal and state courts and includes 
procedures for appeals from state high courts to the Federal 
Court of Appeals and to the Federal Supreme Court. There are 
also constitutional provisions providing for the use of 
Islamic and local tribal law in civil cases. 

Provisions of the 1979 Constitution still in force guarantee 
persons charged with crimes a fair public trial in civilian 
courts within 3 months from the date of arrest. However, 
cumbersome administrative procedures and inefficiency sometimes 
result in prisoners being held for extended periods before 
being charged or tried. During routine inspections of prisons 
in 1986, High Court chief judges exercised their right to 
release detainees found to have spent more time in prison than 
they would have if they had been convicted for their alleged 
crimes. Trials are public and adhere to constitutionally 
guaranteed individual rights. In capital cases, the Government 
provides counsel for indigent defendants. In other cases. 



228 



NIGERIA 

indigents must rely for counsel on the Nigerian Legal Aid 
Society which has limited resources. In March the Government 
amended the Legal Aid Act of 1976 to extend assistance to 
persons with incomes up to approximately $500 per year at 
current exchange rates. 

The Babangida Government used a special military tribunal, 
constituted under Decree 1 of 1986, to try 23 persons for 
alleged complicity in a December 1985 coup plot. Ten persons, 
all members of the armed forces, were sentenced to death and 
executed in March. The tribunal acquitted six defendants and 
gave others jail terms. Although their trial was held in 
camera, the Government allowed military lawyers to defend the 
accused, a judge-advocate to advise tribunal members on points 
of law, and observers from the Nigerian Bar Association (NBA) 
and the Ministry of Justice to witness the trial. NBA 
observers later stated that lengthy accreditation procedures 
kept them from observing most of the trial. The observers 
never made their observations public. Appeals to the chiefs 
of the military services were denied, and the Armed Forces 
Ruling Council (AFRC) upheld the convictions before sentences 
were carried out. 

The Buhari Government issued decrees that removed certain 
crimes, including corruption crimes, from the jurisdiction of 
the civilian judicial system to special military tribunals. 
These decrees remain in effect. In keeping with its human 
rights commitment, however, the present Government established 
judicial review commissions composed of distinguished civilians 
and military officials to conduct an extensive review in 1986 
of detentions and convictions under these decrees. The AFRC 
then amended the decrees to restore a measure of due process 
to the extrajudicial procedures. 

The commissions, acting essentially as appellate courts, 
forwarded their findings to the AFRC which in most cases upheld 
the panels' recommendations for release, acquittal, reduced 
sentences, or future trial. While supporting reduced prison 
terms for many former politicians convicted of corruption, the 
AFRC frequently added a specified period of exclusion from 
public office and involvement in partisan politics to the 
convict's penalty. Following disposition of the cases under 
review, the Government amended the 1984 decrees. Amendments 
added an appeal procedure (through a Special Appeal Tribunal), 
a guarantee that judges would head all tribunals, and abolished 
the death sentence for a number of offenses. Recommendations 
of the Special Appeal Tribunal are subject to confirmation by 
the AFRC. With the change in the composition of the corruption 
tribunals operating under the Buhari-era decrees, the Nigerian 
Bar Association lifted its 1984 boycott of the corruption 
trials which had been called in protest over the absence of 
legally trained tribunal members. Future corruption trials — 
nearly 800 cases are pending — may be conducted in public 
rather than in camera. At the swearing in of two new 
corruption tribunals in September, the officiating judge 
cautioned the press to report accurately on the trials. At 
the end of 1986, the reconstituted corruption tribunals had 
heard only one of the pending cases. 

On several occasions during 1986 the Babangida Government 
reiterated its commitment to uphold the integrity of the 
judiciary and to redress past judicial wrongs. On the ground 
that there may have been a miscarriage of justice, the 
Government dismissed a judge and released a popular jailed 
musician who said the judge had later admitted privately to 



229 



NIGERIA 

convicting him for currency trafficking in 1984 under pressure 
from government officials. The judge subsequently denied the 
charge. This celebrated case had been regarded by some 
observers as evidence of government interference with the 
judiciary during the Buhari regime. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Nigerian society is generally free of arbitrary interference 
by the State in the private lives of its citizens. Provisions 
of the 1979 Constitution still in force guarantee rights of 
privacy in the home, correspondence, and communications. 
General surveillance of the population by the State is not 
practiced. Forced entry into homes without a warrant is not 
generally permitted. Under the Buhari regime police and 
members of the Nigerian Security Organization occasionally 
entered homes and offices without a warrant when seeking 
evidence in corruption cases. There is no political 
enforcement of social, cultural, or religious codes. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The modified Nigerian Constitution continues to guarantee 
freedom of expression and press. There was no evidence of 
overt government censorship of the media in 1986, and 
President Babangida granted a full pardon to two journalists 
who had each spent 1 year in jail for conviction under an 
abrogated 1984 decree that curtailed freedom to publish 
information about government officials. Nevertheless, 
government officials did appeal to journalists on several 
occasions to be responsible in practicing their profession. 
In at least two instances, the Government moved against 
journalists considered to have overstepped government bounds. 
In February a judicial panel charged and convicted a journalist 
of contempt of court for writing a news magazine article 
critical of the panel for its controversial ruling exonerating 
former President Shehu Shagari and Vice President Alex Ekwueme 
of wrong-doing and recommending their immediate release from 
detention. The journalist appealed the conviction. A radio 
journalist was detained briefly after making an erroneous 
broadcast that the Voice of America had reported that Nigeria 
was about to accept an International Monetary Fund loan, a 
controversial domestic political issue. 

The 1979 Constitution reserves to the Federal and state 
governments the right to own and operate radio and television 
stations. Nigeria has a lively press, and there are no 
restrictions on ownership of print media. Among the vast 
array of Nigerian daily newspapers are four privately owned 
national dailies with large circulations, one daily owned by 
the Federal Government, and another in which the Federal 
Government owns a majority share. Some states operate their 
own daily newspapers. In some states, privately owned dailies 
compete with state papers. Four weekly news magazines vie for 
national readership. 

b. Freedom of Peaceful Assembly and Association 

Nigeria's 1979 Constitution guarantees the right to peaceful 
assembly and association in trade unions and special interest 
associations. The provision granting persons the right to 
form or join political parties remains suspended. Decree 9 of 



230 



NIGERIA 

1984, still in force, dissolves all political parties and 
authorizes the Government to dissolve any other group 
considered to have objectives similar to those of a political 
party. Frequently during 1986, governitient officials reminded 
former politicians publicly that the ban on political activity 
and organizing remains in effect. In June President Babangida 
announced the exclusion of former political figures from 
participation in partisan politics for a period of 10 years 
from the resumption of political activity. All former national 
and state elected and appointed government officials and 
political party leaders from the 1979-1983 civilian era are 
expected to be affected by the ban, although the Government 
has already exempted one politician from the ban and indicated 
that there may be other exceptions. 

In January the Government lifted bans on the Nigerian Medical 
Association (NMA) , the National Association of Residential 
Doctors (NARD) and the National Union of Nigerian Students 
(NUNS), an organization virtually supplanted during its 6-year 
proscription by the National Association of Nigerian Students 
(NANS) . 

In June more than 20 institutions of higher education were 
closed, and NANS was banned, in the wake of nationwide campus 
demonstrations protesting the police killing of students during 
student disturbances at Ahmadu Bello University in May. The 
Government publicly stated that four persons died during those 
disturbances. Accusations by the media that fatalities were 
higher and that police abuses took place at Ahmadu Bello 
University are unconfirmed. Following the events, members of 
the mobile police unit which responded to the disturbances 
were charged with culpable homicide and suspended pending an 
investigation into their conduct. The results of the 
investigation have not been made public. In December the 
Minister of Education lifted a ban, in effect since June, on 
student organizing on individual campuses. 

Despite guarantees in the 1979 Constitution and Nigeria's 
ratification of 28 International Labor Organization (ILO) 
conventions, there are instances where government decrees and 
policy continue to act to restrict labor freedoms. A 1978 
decree created a single central labor body, the Nigeria Labour 
Congress (NLC), forcibly merged a number of unions into 
42 industrial unions, and deregistered all other unions. The 
Government has not responded to the 1982 ILO committee of 
experts finding that this decree violates ILO Convention 87 on 
Freedom of Association and Protection of the Right to Organize, 
to which Nigeria is a party. The 1978 decree also created 
senior staff associations for white collar workers, which a 
1986 decree explicitly excluded from NLC membership, forcing 
two such associations to withdraw. Since 1975 government 
policy has permitted international labor affiliation only with 
the ILO and the Organization of African Trade Union Unity and 
its affiliated Pan-African Labor Federations. In May the 
Government prevented the African regional meeting of the 
International Transport Worker's Federation (ITWF), an 
affiliate of the International Confederation of Free Trade 
Unions, from taking place in Lagos on grounds that the 
membership of the local host union in the ITWF violated 
government policy. Government policy does permit, however, 
informal "fraternal relations" with foreign unions and 
secretariats as long as there is no formal affiliation. 

Although Nigeria's union leadership generally has been 
democratically elected and independent of government control. 



231 



NIGERIA 

an exception occurred in October when the Government gave 
state-appointed administrators temporary control of two unions 
paralyzed by leadership disputes. The Government cited as its 
authority the 1985 National Economic Emergency Decree which 
granted the Government broad authority until December 1986 over 
labor matters. Nigerian law and practice provide that the 
terms and conditions of labor will be determined by collective 
bargaining agreements between management and trade unions. 
However, a national wage freeze imposed in 1984 remains in 
effect. Wage cuts imposed by decree in 1985 on all public and 
private sector employees, without regard to preexisting 
contracts or union consultation requirements, to finance a 
National Economic Recovery Fund were lifted in October. Some 
categories of low-paid workers received a full refund of their 
mandatory contribution. 

The 1976 Trade Disputes Decree, which governs industrial 
disputes, provides for mediation by an industrial arbitration 
panel and a national industrial court and forbids strikes and 
lockouts while disputes are under mediation by these bodies. 
Although this decree has been applied in past disputes, it has 
not always had the intended effect of curtailing strike 
activity, as workers have often ignored it, and the Government 
has not always enforced it. Workstoppages , numbering up to 
several hundred a year during the 1979-1983 civilian era, were 
rare in 1985 and 1986, reflecting both the weakened bargaining 
position of unions because of depressed economic conditions 
and the impact of warnings by the military Government that it 
would not tolerate "industrial indiscipline." 

All Nigerian workers 16 years or older may join trade unions, 
with the exception of members of the armed forces and 
designated employees in the essential government services 
sector. Employers are obliged to recognize trade unions and 
must pay a dues checkoff for employees who are members of a 
registered trade union. Nevertheless, some unions, especially 
small ones, are in serious financial difficulty following 4 
years of depressed economic conditions. The establishment of 
closed shops is prohibited. 

c. Freedom of Religion 

Constitutional provisions guaranteeing freedom of religious 
belief, religious practice, and religious education are 
generally respected throughout Nigeria. Reports continue 
of harassment of Christians by state officials in the 
predominately Muslim North through the imposition of excessive 
bureaucratic requirements for church construction projects and 
occasional refusal of permission to build. There are no 
restrictions on numbers of clergy trained nor on contacts with 
coreligionists in other countries. Religious travel, including 
the Hajj, is permitted and in some cases officially supported. 
Missionaries and foreign clergy, though limited by quotas, are 
permitted to enter Nigeria. Some states require licenses for 
religious services outside churches and mosques. 

Tensions between the Muslim and Christian communities of 
Nigeria surfaced in January when Nigeria became a member of 
the Organization of the Islamic Conference (OIC) . Christians, 
who comprise an estimated one-third of Nigeria's population, 
charged that the move contravened a constitutional provision 
declaring Nigeria a secular state and demanded Nigeria's 
complete withdrawal from the organization. Muslims, who 
comprise about 45 percent of the population, argued that 



232 



NIGERIA 

Nigeria, with the largest Muslim population in black Africa, 
should be a member of the organization and denied that 
membership made Nigeria an Islamic state. Government promises 
to retain Nigeria's multireligious character and the secular 
status guaranteed by the Constitution failed to assuage 
Christian fears, but Nigeria did not participate in any QIC 
activities during the year. At the height of the tensions, in 
a city with a large proportion of both Christians and Muslims, 
Muslim blockage of an Easter procession of Christian worshipers 
resulted in violence that left several persons injured and one 
church damaged. The Government has proposed the formation of a 
council on religious affairs to "regulate" religious matters. 
Christian leaders oppose the idea of a council with regulatory 
authority. 

The 1982 ban on the Maitatsine religious sect remains in 
effect. The group still exists, however, and is apparently 
being closely monitored by the police. Police sporadically 
announced arrests of "religious fanatics", probably references 
to suspected members of the sect. Members of the group 
arrested following the 1984 Maitatsine uprising in Gongola 
State are still in custody. They may remain so indefinitely, 
according to newspaper reports quoting the state's Attorney 
General, for lack of witnesses willing to testify against them 
in court. More than 100 have reportedly died of hunger and 
malnutrition since their arrest. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Nigeria's Constitution entitles citizens to move freely 
throughout Nigeria and to reside where they wish. The same 
provision prohibits expulsion from Nigeria or the denial of 
entry to or exit from Nigeria to any citizen. In general, 
these provision have been observed. In April police announced 
the restriction of public office holders from the civilian era 
(1979-1983) to their states of origin or domicile and required 
them to report to police commissioners within 24 hours, 
surrender their passports and other travel documents, and 
thereafter report to the police each Monday. Although a 
number of former politicians complied with the order, others 
did not, apparently without retribution. The order, which was 
intended to control movements of former public officials 
pending the outcome of on-going investigations, may have 
become irrelevant in light of the July publication of the 
government white papers disposing of the cases under review by 
judicial panels. 

Nigeria's land borders, closed since April 1984, were opened 
in March. The Government announced in September that passport 
validity will revert from 2 to 5 years. Nigerians travel 
abroad in large numbers, and many thousands are studying 
abroad. Exit visas are not required. 

There has been no forced resettlement of Nigerian citizens. 
Nigerian law and practice permit temporary refuge and asylum 
in Nigeria for political refugees from other countries. 
Nigeria supports and cooperates with the the United Nations 
High Commissioner for Refugees who has an office in Lagos. No 
known penalties have been levied on Nigerians who have 
emigrated, settled abroad, or acquired another nationality. 
However, Nigeria does not recognize dual nationality, and 
naturalization in another country does not release Nigerians 
from Nigerian laws. 



233 



NIGERIA 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

The Armed Forces Ruling Council (AFRC), a 28-member group of 
military officers headed by President Babangida, is the highest 
political authority in Nigeria and the principal decisionmaking 
body in the Government. There is no elected legislative body, 
and political parties are prohibited. The AFRC promulgates all 
laws by decree, and all decrees are exempt from challenge in 
any court of law. The President appoints a Federal Cabinet, 
currently composed of 22 military and civilian ministers in 
almost egual numbers, which presides over the executive 
departments and comprises the Council of Ministers. Military 
governors head the 19 state governments. Together with the 
President, the 19 state governors constitute a National 
Council of States. 

President Babangida has set 1990 as the date for returning 
Nigeria to civilian rule. Although no formal political 
structures exist to allow popular input into government 
decisionmaking, Babangida has encouraged the public to become 
involved in deciding what form the next civilian government 
should take. In January the President appointed a 19-person 
political bureau to organize and implement a nationwide debate 
on Nigeria's political future and to synthesize public 
commentary into recommendations for him by the end of the year. 
Like the public debate in 1985 over acceptability of an 
International Monetary Fund stabilization loan, the 1986 debate 
on Nigeria's political future was conducted in the media, in 
the forums of professional organizations, and in written 
testimony provided directly to the political bureau by a wide 
range of persons, including university professors, businessmen, 
religious leaders, and former politicians. 

The composition of the current Government reflects greater 
ethnic and religious diversity than any government in the 
recent past. However, there are currently no women on the 
AFRC or in the Federal Cabinet, although some women serve as 
commissioners in state governments. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigations of Alleged Violations 
of Human Rights 

The Babangida Government has pledged that it will uphold basic 
human rights. The Human Rights Committee of the Nigerian Bar 
Association (NBA) monitors the domestic human rights situation 
and has consistently spoken out against human rights abuses. 
The NBA objected strongly to the Government's move to extend 
its detention powers, and the Government rescinded the decree 
in question. At least two other groups also monitor human 
rights in Nigeria. One, the Nigerian Council of Human Rights, 
an independent organization formed in 1985, issued a statement 
commending the Government for amending 1984 decrees but called 
for repeal of the decree allowing detention without trial. 
Another group. Citizens for Human Rights, commended the 
Babangida Government for its human rights record. The 
Government has taken no measures against these organizations 
or their individual members for their watchdog activities. 
The former chairman of the NBA human rights committee continues 
to hold the post of Attorney General and Minister of Justice. 

Nigeria hosted two recent international human rights 
conferences, including the Pan African Conference on Human 
Rights and Africa's Cultural Heritage in September. Speakers 



234 



NIGERIA 

included Nigeria's former Head of State General Yakubu Gowon, 
who returned from self -exile in the United Kingdom to 
participate. Amnesty International maintains an office in 
Lagos and circulates a monthly newsletter. Its annual human 
rights reports receive press attention. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status, 

There is no official policy of systematic discrimination among 
Nigeria's diverse ethnic and religious groups, and laws do not 
overtly favor one group over another. The Government generally 
makes a conscious effort to strike a balance among different 
groups in its decisionmaking and in appointments to key 
governmental positions. However, Nigeria has a long history 
of tension among the diverse ethnic groups, and tradition 
continues to impose considerable pressure on individual 
government officials to favor their own ethnic or religious 
group. Allegations of favoritism persist. 

Women have always had economic power and have exerted influence 
in Nigerian society through women's councils or through their 
family connections. There has been a dramatic increase in the 
number of women who have university degrees and who have become 
professionals, including teachers, lawyers, doctors, judges, 
senior government officials, media figures, and business 
executives. But despite a degree of economic independence, 
women suffer legal discrimination, experience social 
inferiority, have virtually no representation in the political 
arena, and despite their achievements, are often discriminated 
against in employment. The pattern and specific features of 
discrimination against women vary according to the ethnic and 
religious diversity of Nigeria's vast population. In some 
states, husbands can prevent their wives from obtaining 
employment or passports. In many states, a widow cannot 
inherit her husband's property, which in the absence of 
children usually reverts to the husband's family. Women do 
not receive equal pay for equal work, and male professionals 
receive fringe benefits not extended to their female 
counterparts. Female circumcision, which has never become a 
major public issue, is still practiced in many areas. 

CONDITIONS OF LABOR 

Nigeria's 1974 labor decree establishes a 40-hour work week, 
prescribes 2 to 4 weeks of annual leave, and sets a minimum 
wage for commerce and industry of 125 naira per month, equal 
to about $40 after the September devaluation. The labor law 
prohibits employment of children under 15 in commerce and 
industry, restricts other child labor to home-based 
agricultural or domestic work, and allows the apprenticeship 
of youths aged 13-15 only under specified conditions. It 
contains general health and safety provisions, some aimed 
specifically at young and female workers, enforceable by the 
Ministry of Employment, Labour, and Productivity. Employers 
must compensate injured workers and dependent survivors of 
those fatally injured in industrial accidents. 



235 



U.S.OVERSEftS 



•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COUNTRY: NIGERIA 



1984 



1985 



1986 



.HCON. 
LO 
GR 
A. AID 
LO 
GR 
(SEC 
3. FOOD 
LO 
GR 
TITLE 
?EPAY 
PAY. 
TITLE 
E.REL 
VOL. R 
C.OTHE 
LO 
GR 



ASSIST, 
ANS. .. . 

ANTS.... 



■TOTAL.. 



AtJS 

ANTS , 

.SUPP. ASSIST.) ., . 

FOR PEACE 

ANS 

ANTS , 

I-TOTAL 

. 1"^ $-LOANS..... 

IN FOR. CURR 

II-TOTAL 

lEF.EC.OEV i WFP, 

ELIcF AGENCY 

R ECON. ASSIST... 

ANS 

ANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



0.0 
0.0 
0.3 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 

o.o 

0.0 
0.0 
0.0 
0.0 
0.0 
0.0 



D.O 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
D.O 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 



0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
D.O 
0.0 
0.0 
0.0 



II.MIL. ASSIST. -TOTAL, 

LOANS , 

GRANTS , 

4. MAP GRANTS , 

3. CREDIT FINANCING.. 
:.INTL MIL.EO.TRNG.. 
D.TRAN-EXCESS STOCK. 
£. OTHER GRANTS 



0.0 
0.3 
0.0 
0.3 
0.0 
0.0 
0.0 
0.0 



0.0 
0.0 
0.0 
0.0 
D.O 
0.0 
0.0 
0.0 



0.1 
0.0 
0.1 
0.0 
0.0 
0.1 
0.0 
0.0 



III. TOTAL ECON, 

LOANS 

GRANTS. . .. 



5 MIL, 



0.3 
0.0 
0.0 



D.O 

0.0 
0.0 



2.1 

0.0 
2.1 



OTHER US LOANS.......... O.D 


0.0 D.O 


E<-IM BANK LOANS 0.0 

ALL OTHER 0.0 


D.O D.O 
0.0 0.0 






ASSISTANCE FROM IfJT ER NAT ION AL AGENCIES 
19B4 1985 1986 


1946-86 



TOTAL 


487.6 


125.4 


333.1 


3327.8 


IBRD 


438.0 


119.0 


312.9 


3001 .2 


IFC 


4.9 


2.5 


20.2 


50.0 


lOft 


0.0 


0.0 


0.0 


3 5,. 3 


IDS 


3.0 


0.0 


0.0 


0.0 


A03 


0.0 


0.0 


0.0 


0.0 


AFOB 


3.0 


0.3 


. 0.0 


9.6 


UNDP 


4.7 


3.9 


0.0 


93.7 


OTHER-UN 


D.O 


0.0 


0.0 


48.0 


EEC 


43. 


0.0 


0.0 


90.0 



236 



RWANDA 



Major General Juvenal Habyarimana has headed the Government 
since his accession to power in a nonviolent coup in 1973. 
The President is also the founder of the single party, the 
National Revolutionary Movement for Development (MRND) . 
Government policy is set by the President in consultation with 
the party's central committee and the Council of Ministers. 
Laws are adopted by the National Development Council (the 
legislature), which was established in 1982. In December 
1983, President Habyarimana, the sole candidate, was reelected 
along with a new slate of deputies. Although the legislative 
candidates had to be approved by the party, the race was open 
to almost all who chose to run. 

The major organizations responsible for administration of 
justice include the Ministry of Justice, which controls the 
courts, the judicial police, and the prison system; and the 
gendarmerie, a paramilitary force which receives specialized 
police training. In addition, the Central Intelligence 
Service in the Office of the President can make certain 
decisions which may not be appealed, such as denial of 
passports to Rwandan citizens or the extension of visas and 
residence permits to foreigners. 

Most Rwandans are poor rural farmers. There is little 
industry, and imports are expensive because of high 
transportation costs. Nevertheless, food production has 
managed to keep pace with the high population growth rate. 

The Constitution guarantees fundamental human rights, and the 
Government, including the President, emphasizes respect for 
the rule of law. Although the human rights situation in 
Rwanda has generally improved in recent years, one development 
of major concern in 1986 was the trial of 295 members of minor 
religious sects, accused of inciting disobedience to legal 
authority. All, including 11 minors, were sentenced to terms 
of 4 to 12 years. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of politically motivated killings or 
summary executions. 

b. Disappearance 

Unexplained disappearances have not occurred in recent years. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

There were no reports of torture in 1986. In the past. 
Amnesty International has noted allegations of torture made in 
court by political prisoners, involving forced confessions and 
electrical shocks, but has also noted the Minister of 
Justice's efforts to punish security and police officials 
found to have ill-treated prisoners. 

Conditions in the overcrowded prisons are generally poor. 
Guard training is inadequate. Although Amnesty International 
has not released its report on its May 3-10, 1986, visit to 



237 



RWANDA 

Rwanda, the delegation leader indicated on a local radio 
interview before departure that the team had been impressed 
with the progress toward improving prison conditions. The 
Government attempts to cope with overcrowding in part by 
periodic amnesties of persons who have served half their terms 
or have fewer than 5 years to serve. The most recent amnesty 
was announced in September 1986. 

d. Arbitrary Arrest, Detention, or Exile 

Except for suspects caught in the act of committing crimes, 
arrests are normally made with a warrant following 
investigation. In most cases, charges must be formally stated 
in the defendant's presence within 5 days of arrest. Failure 
to meet that requirement is grounds for dismissal of the 
charges. Under preventive detention provisions, persons may 
be held for 30 days, if public safety is believed to be 
threatened, if the accused might flee, or if the penalty 
carries a minimum sentence of 6 months. At the end of that 
period, a judicial review is mandatory. If warranted, the 
detention can be prolonged indefinitely for 30-day periods. 
These provisions were rarely invoked during 1986. Detainees 
may appeal their incarceration, and the appeal must be heard 
within 24 hours by a competent judicial authority. There were 
no known exceptions to the legally mandated warrant procedures 
and no detentions for political offenses in 1986. The Ministry 
of Justice schedules official visits to prisons to ascertain 
that the proper documentation exists for each detainee. 

Rwandan law prohibits forced labor. Sentencing to exile does 
not exist . 

e. Denial of Fair Public Trial 

The judiciary is statutorily independent and expected to apply 
the penal code impartially, but the President appoints and 
dismisses magistrates. New laws in January 1982 strengthened 
the independence of the judiciary somewhat by improving the 
process of selecting judicial personnel and more closely 
defining their functions. The administration of justice has 
been hampered by poor management and a generally low level of 
education among civil servants. The Ministry of Justice is 
conducting training programs for officials and judges and 
plans to establish a magistrate training center. 

All defendants are constitutionally entitled to counsel, but a 
shortage of lawyers and the lack of a constituted bar makes it 
difficult for the accused to prepare an adequate defense. 
Family and other nonprofessional counsel is permitted. Trials 
which arouse extensive public interest are often broadcast to 
the street to permit persons who cannot be seated in the 
courtroom to follow the proceedings. 

Rwanda has three separate court systems for criminal/civil, 
military, and state security cases. All but security cases 
may ultimately be appealed to the Court of Appeals. The State 
Security Court has jurisdiction over national security charges 
such as treason. Some cases tried before this court have 
resulted in innocent verdicts. 

The Minister of Justice stated in September 1986 that Rwanda 
was holding 10 prisoners convicted of crimes against domestic 
security. Presumably this figure includes Theoneste Lizinde, 
the former Chief of State Security, who along with four 
codefendants was sentenced to death in 1985. The appeals 



238 



RWANDA 

process in their cases is still in progress, and it is 
uncertain whether the death sentences will actually be carried 
out. Amnesty International in its 1986 Report noted its 
concern that Lizinde and other former government officials 
were tried in secret, apparently without counsel, and that the 
trials did not meet accepted international standards. 

In October 1986, 295 members of religious sects not recognized 
by the State were convicted of inciting rebellion against 
local authority, disobedience of legitimate laws, and unlawful 
public meeting. The accused were sentenced to prison terms 
ranging from 4 to 12 years. Although the trial was reportedly 
conducted in accordance with local rules of due process, the 
sentences were unnecessarily harsh for crimes basically 
equivalent to civil disobedience. If they are in fact 
required to serve more than token prison sentences, members of 
this group could be considered political prisoners. During 
1986, Amnesty International expressed concern about the 
sentencing of the religious nonconformists. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Rwandans are subject to some interference in their private 
lives. Police are normally required to have warrants before 
entering a private residence but, using the pretext of 
checking required documentation, authorities can gain entry 
into homes without warrants. 

There is no evidence that the Government monitors private 
correspondence, and the receipt of foreign publications is 
permitted. Rwandans have the right to own property. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The law guarantees freedom of speech and press, but public 
criticism of the Government, and especially the military, is 
rare. This is probably due as much to the tradition of 
respecting authority and social pressure to conform as to fear 
of government sanction. Candidates in the 1983 legislative 
elections were restricted to expressing opinions and 
advocating policies sanctioned by party doctrine. However, 
some members of the National Development Council have 
criticized government policies from the floor of the Council. 

The Government produces radio broadcasts, a daily press 
bulletin, and a weekly newspaper. Two Catholic church 
publications sometimes print muted criticism of political and 
economic conditions. Such criticism is tolerated and 
occasionally even encouraged by the Government. There is no 
record of any journalist having been arrested for what he has 
written. The Government has cautioned the press, however, to 
avoid what it regards as "harmful" criticism of leaders and 
maintains that the press should devote its efforts to 
"promoting development." Books and imported publications are 
not censored, and academic freedom of inquiry and research is 
respected at the university. 

b. Freedom of Peaceful Assembly and Association 

Freedom of assembly is limited. No public meetings or 
demonstrations are permitted if there is any chance they will 
result in expressions of overt opposition to government 



239 



RWANDA 

policies. The Government permits private associations, 
including a wide variety of religious denominations, but 
requires that they be registered and accorded legal 
recognition. 

The Rwandan labor code grants workers the right to organize 
"professional organizations." If such organizations establish 
a collective bargaining agreement with the employer, they may 
negotiate salaries and terms of employment. No unions 
currently exist, but the Government is in the process of 
forming a labor union, the Central Union of Rwandan Workers 
(CESTRAR), which is expected to begin functioning in early 
1987. Membership is open to all salaried workers. The union 
will be affiliated with the party, which will approve the 
slate of candidates for offices. Members will have the 
theoretical right to strike, but only with the approval of the 
executive bureau. In organizational meetings, the provisional 
directors of CESTRAR indicated that its objectives will 
include ensuring that labor contributes to the development of 
the nation and transcends the parochial interests of 
individual workers and trades. The Government has permitted 
seminars on labor issues organized by unofficial local trade 
organizations which receive some support from foreign labor 
confederations and the International Labor Organization. 

c. Freedom of Religion 

Freedom of religion is guaranteed by the Constitution and is 
generally respected. The population is 70 percent Christian 
and 1 percent Muslim, with the remainder following traditional 
African or no religious practices. Eighty percent of the 
Christians are Roman Catholic, but there are active Protestant 
denominations. The Roman Catholic Archbishop of Kigali, who 
had been a member of the MRND central committee, resigned from 
the committee in January 1986, apparently to bring his status 
into accord with Vatican doctrine. The Government depends 
upon church-sponsored schools for a considerable portion of 
education in Rwanda (over 85 percent of secondary schools are 
church sponsored) . 

The Government does not openly favor one religion over another, 
but in 1986 prosecuted 295 members of minor religious sects — 
the Abarokore, Abatampera, Abantu B'imana Bihana, and Jehovah's 
Witnesses — for inciting disobedience to legal authority. The 
offenses included refusal to participate in political party 
activities and to pay party dues, holding unauthorized 
religious meetings and, in some cases, failure to participate 
in required community service work. The accused were 
prosecuted under specific provisions of the penal code, and 
the Government argues that they are not being persecuted for 
their religious beliefs. The accused reportedly maintain that 
allegiance to political entities is against their religion. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Freedom of movement and residence within Rwanda is restricted 
by laws and regulations which require people to hold national 
identity cards and residence and work permits. People who 
wish to spend more than 3 days in a township other than their 
own must obtain permission from the authorities of the area 
they will be visiting. Police conduct periodic checks, 
especially in urban areas, and return all those not registered 
in the locality to their own township. Property owners who do 
not require tenants to show valid documentation are subject to 



I 



240 



RWANDA 

fines and even imprisonment. "Clandestine" tenants are 
subject to expulsion. 

Foreign travel is closely controlled through the granting or 
refusal of passports, preceded by a security check of each 
applicant by the Central Intelligence Service. Rwandans often 
are denied permission to travel abroad, usually without formal 
explanation. Properly documented Rwandans may emigrate. 

Official policy permits people who left Rwanda as refugees 
during the revolution or for other reasons to be repatriated 
on a case-by-case basis, but the Government discourages any 
mass return on the grounds that the overpopulated land and 
underdeveloped economy could not sustain the burden. However, 
the Government has recognized the citizenship claims of some 
of the persons forced into the country from Uganda in October 
1982. Throughout 1986 it continued resettling 2,500 of those 
recognized as Rwandans. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Rwandans have no opportunity to change their government 
through a free choice of alternative candidates from opposing 
parties. The party, the sole body permitted political 
activity, makes all policy decisions and nominations of 
candidates for public office. It in turn is dominated by its 
president, who chooses the secretary-general and central 
committee, and is the only constitutionally recognized 
candidate for president. Every citizen is automatically a 
party member and required to pay party dues on a sliding scale 
representing 1 or 2 days' pay per year. Delegates are both 
elected and appointed to the party's governing national 
congress, which meets every 2 years (most recently in December 
1985). The essential function of the congress is to endorse 
the programs presented by the party leadership. 

Only candidates approved by the party may run for the 
legislature, the National Development Council. The President 
can also veto candidates for the Council. Within the 
one-party system, the voters can and do exercise some 
influence on the process, as demonstrated by the fact that 
many incumbents have been defeated in recent elections. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

Rwanda has made a concerted effort in recent years to 
participate in human rights activities and to improve its 
human rights record. Representatives of the International 
Committee of the Red Cross (ICRC) have made periodic visits to 
prisons. There were no reports of requests for outside 
investigations of alleged human rights violations in 1986. A 
delegation from Amnesty International visited Rwanda May 3-10, 
1986, and received extensive cooperation from the Government. 
The delegation visited a number of prisons, interviewed 
prisoners, including political prisoners, and met with the 
President, the Minister of Justice, and many other officials. 
Rwanda is a signatory to the International Covenants on 
Economic, Social and Cultural Rights and on Civil and 
Political Rights and the Organization of African Unity's 
African Charter of Human and Peoples' Rights. Rwanda is also 
a member of the U.N. Human Rights Commission. 



241 



RWANDA 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Rwanda's preindependence, traditional, feudal society, which 
was dominated by the Tutsi ethnic group (10 percent of the 
population, according to the 1978 census), was transformed in 
1959 by a revolution of the majority Hutu (89 percent of the 
population) into a society with a greater emphasis on 
individual rights. An ethnic majority government confirmed 
these internal changes at independence in 1962. During the 
next decade, Hutu efforts to redress the social, economic, and 
educational imbalance led to division and corruption among the 
Hutus and to sporadic ethnic strife. This gave rise to the 
coup d'etat which brought President Habyarimana to power. 

The Constitution states, "all citizens are equal before the 
law, without any discrimination, notably that of race, color, 
origin, ethnicity, clan, sex, opinion, religion or social 
position." However, the requirement that ethnic origin be 
listed on identity documents helps to ensure that informal 
quotas corresponding to the Hutu/Tutsi ratio in society are 
not exceeded. The Tutsi minority has in fact been relegated 
to a minor role in government, civil service, and the military 
but is better represented in private business. 

Following the Government's steps to restrict the activities of 
some religious groups, there have been indications of 
discrimination based on religious affiliation. For example, 
one high ranking government official was reportedly threatened 
with arrest because of his membership in the Jehovah's 
Witnesses sect, and three Jehovah's Witnesses were fired from 
the Ministry of Transport and Communication for their 
religious beliefs. 

Women perform most of the agricultural labor and have 
benefited less than men from social development. Despite the 
language in the Constitution, women's rights to property are 
limited, and women are not treated equally in divorce 
proceedings. Moreover, women have fewer chances for 
education, employment, and promotion, often because society 
expects them to remain in uneducated traditional roles at 
home. Family planning services are still inadequate but are 
improving. There are virtually no day-care services for 
children of mothers who wish to work. There are few 
organizations promoting women's interests, and efforts to 
establish a national women's organization within the party 
have been unsuccessful to date. Women play a marginal role in 
political life. Nevertheless, there are now 3 women in the 
party's 21-member central committee, and 9 women among the 70 
legislative deputies. There are also a number of women on 
councils at the local level. 

CONDITIONS OF LABOR 

In the wage sector, children under 18 are not permitted to 
work without their parents' or guardian's authorization, and 
they may not work at night except under exceptional 
circumstances on a temporary basis. The Minister responsible 
for labor affairs may grant work permission to a child under 
14. This Minister also sets the minimum wage and overtime 
rates. Hours of work and occupational health and safety in 
the modern wage sector are controlled by law and enforced by 
labor inspectors. 



242 



U. S.OVERSEIS 



•LOANS ftND GRANTS- OBLIGATIONS ANO LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: RWANDA 



1 934 



1935 



1986 



[.£CON. ASSIST. -TOTAL. . , 

LOANS , 

GRANTS 

A. AID 

LOANS • 

GRANTS 

(SEC. SUPP. ASSIST.).., 

B. FOOD FOR PEACE 

LOANS 

GRANTS 

TITLE I-T3TAL , 

REPAY. IN $-LOANS.... 
PAY. IN FOR. CURR.. .. , 

TITLE II-TOTAL , 

E. RELIEF. EC. DEV 5 WFP, 

VOL. RELIEF AGENCY. . ... 

C. OTHER ECON. ASSIST.., 

LOANS , 

GRANTS , 

PEACE CORPS , 

NARCOTICS , 

OTHER 



II. ^IL. ASSIST. -TOTAL. 

LOANS , 

GRANTS , 

4. MAP GRANTS 

B. CREDIT FINANCING., 
C.INTL MIL.ED.TRNG. , 
O.TRAH-cXCESS STOCK, 
E. OTHER GRANTS 



III. TOTAL ECON. & MIL, 

LOANS 

GRANTS 



12.3 


24.7 


7.0 


0.0 


0.0 


0.0 


12.8 


24.7 


7.0 


8.3 


18.8 


6.9 


0.0 


0.0 


0.0 


3.3 


13.8 


6.9 


0.0 


12.0 


0.0 


4.4 


5.8 


0.0 


0.0 


0.0 


0.0 


4.4 


5.8 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


4.4 


5.8 


0.0 


0.4 


1.6 


0.0 


4.0 


4.2 


0.0 


0.1 


0.1 


0.1 


0.0 


0.0 


0.0 


0.1 


0.1 


0.1 


0.1 


0.1 


0.1 


0.0 


0.0 


0.0 


o-.o 


0.0 


0.0 


O.D 


0.1 


0.1 


0.0 


0.0 


0.0 


0.0 


0.1 


0.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.1 


0.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


12.8 


24.8 


7.1 


0.0 


0.0 


0.0 


12.3 


24.8 


7.1 



OTHER US LOANS.' 0.3 


0. 
0, 
0, 


.0 0. 
.0 0. 
.0 0. 


,0 


£X-IM BANK LOANS 0.0 

ALL OTHER 0.0 


.0 
■ 






ASSISTANCE FROM INTERNATIONAL AGENCIES 
1984 1985 1986 




1946-86 





TOTAL 


43.3 


22.3 


59.1 


515.0 


IBRD 


3.0 


0.0 


0.0 


0.0 


IFC 


0.3 


0.0 


0.0 


1.1 


IDA 


9.0 


16.3 


59.1 


293.8 


ID3 


0.0 


0.0 


0.0 


0.0 


A03 


3.0 


0.3 


0.0 


0.0 


AFD3 


30.3 


4.9 


, 0.0 


113.7 


UNDP 


1.2 


1.1 


0.0 


35.9 


OTHER-UN 


3.0 


0.0 


0.0 


10.3 


EEC 


0.0 


0.0 


0.0 


60.2 



243 



SAO TOME 8. PRINCIPE* 



Sao Tome and Principe has been a one-party state since gaining 
independence from Portugal in July 1975. Effective political 
power is concentrated in the Presidency and the party, the 
Movement for the Liberation of Sao Tome and Principe (MLSTP) . 
The country is composed of two small islands off the west coast 
of Africa with a total population of about 105,000. At 
independence, Manuel Pinto da Costa, the leader of the 
political party, was chosen President without opposition by the 
party and the Popular Assembly, constitutionally the supreme 
organ of state and highest legislative body. The party 
reconfirmed him for a third 5-year term in September 1985. 

No political opposition is permitted outside the party. Small 
opposition groups in exile in Portugal and Gabon have thus far 
shown no evidence of being able to influence events on the 
islands. There is no known organized political opposition in 
Sao Tome itself. There are approximately 75 Cuban technical 
advisors, and the small Sao Tomean army is reinforced by 
approximately 500 troops from Angola. 

In the past the Government drew heavily on Marxist-Leninist 
principles, stressing state control of the means of 
production. With a deteriorating economic situation, state 
control was reduced and the private sector was strengthened. 
The steady decline in cocoa exports, which account for 90 
percent of Sao Tome's exports, reflected both lower world 
prices and serious management problems on the nationalized 
plantations. Inadequate rainfall since 1983 has further 
reduced the production of all crops, resulting in serious food 
shortages and the need for food assistance from the United 
States and other Western countries. In September 1986, the 
first trilateral development assistance agreement between Sao 
Tome and Principe, Portugal, and the United States was signed. 
The Soviet Union signed an aid agreement, for the purchase of 
Soviet consumer goods, in January 1986. 

There was no known change in the overall human rights situation 
in 1986. Freedoms of speech, press, and assembly are 
circumscribed, but some public criticism of government policies 
is permitted. All news media are under government control. On 
May 23, 1986 Sao Tome and Principe ratified the Organization of 
African Unity Charter on Human and Peoples' Rights. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of political killings. 

b. Disappearance 

There were no reports of politically motivated disappearance. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

No reports of such abuses were received in 1986. 



*There is no American Embassy in Sao Tome. Information on the 
human rights situation is therefore limited. 



244 



SAO TOME & PRINCIPE 

d. Arbitrary Arrest, Detention, or Exile 

Although some Sao Tomeans were arrested in 1984 and detained 
without trial for public criticism of the Government, there 
have been no reports of similar abuses in 1986. There are 
several opposition politicians living in exile, e.g., former 
Prime Minister Miguel Trovoada, and former Minister of Health 
Carlos da Graca, but the Government has indicated that they are 
free to return. 

There have been no reports of the use of forced labor. 

e. Denial of Fair Public Trial 

The Constitution does not address the right to a public trial, 
but there have been instances of public trials of persons 
accused of common crimes in recent years. Criminal trials are 
occasionally reported by the local media. In most cases, 
however, common criminals are given a hearing and are sentenced 
by a judge. To date the only political prisoners given trials 
were those accused of coup-plotting in 1977. In those trials 
and in criminal trials since that time, the accused were 
assigned counsel by the Government. There is no tradition of 
independent defense counsel. 

As of the end of 1986, the Government claimed that it held no 
political prisoners. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Because of Sao Tome's geographic isolation and its small 
population, the Government does not have a highly intrusive 
security system to detect opposition opinion. However, the 
Government's loosely organized system of informers and its 
monitoring of political activities ensure that potential 
dissidents are identified. 

Section 2 Respect for Civil Liberties, Including; 

a. Freedom of Speech and Press 

The security services are alert and react quickly to public 
expressions of opposition or dissatisfaction with the 
Government. All Sao Tomean media are government organs. They 
consist of one television station which broadcasts 2 days per 
week; a radio station which carries music, government news 
releases, and instructional programs; and a weekly two-to-four 
page newspaper of government news releases. No public written 
criticism of the Government seems to be tolerated, but oral 
criticism at party-sponsored meetings exists. The only foreign 
wire service items are occasional items from Soviet and Angolan 
sources. Voice of America Portuguese language programs reach 
Sao Tome and are listened to without interference. Sao Tome 
Radio also uses VOA taped music programs. 

b. Freedom of Peaceful Assembly and Association 

Political assembly and activity are legal only within the 
country's sole political party, the MLSTP . Cultural and social 
organizations require government approval, which is believed to 
be easily obtained. 

The sole trade union, affiliated with the party, exists mainly 
on paper. In 1986 there were several spontaneous strikes and 



245 



SAO TOME & PRINCIPE 

job actions at cocoa estates. In April, workers from the Santa 
Margarida cocoa estate marched in the center of Sao Tome 
ostensibly to protest a reshuffling of ministers. There is no 
explicit legislation forbidding strikes. There is no 
information currently available on whether collective 
bargaining is legally permitted. 

c. Freedom of Religion 

Religious freedom is guaranteed by the Constitution. The three 
religious communities — Roman Catholic, Evangelical Protestant, 
and Seventh-Day Adventist — are allowed to practice freely. The 
Government provides some funding for a school and a social 
services center managed by the Catholic Church. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

The geographic isolation and poverty of the country severely 
limit foreign travel and emigration. In addition, the 
Government closely controls exit visas for the few people who 
do travel. Almost all trips outside the islands are for 
governmental missions or medical evacuation. Domestic travel 
is not controlled by the Government, and people move freely on 
the islands of Sao Tome and Principe. The lack of reliable and 
affordable air service severely limits interisland travel. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Government policy is determined by President da Costa, in 
consultation with his key cabinet and security officials. The 
leadership uses the MLSTP to consolidate its rule at the local 
level and to assist in selecting candidates for the Popular 
Assembly. In the 1985 elections to the Popular Assembly, 
persons at the local level were allowed, even encouraged, to 
speak out and to give their opinions on various government 
policies. In many districts, the voters rejected the official 
party candidate in favor of another candidate. Party 
membership has been expanded in recent years and now stands at 
about 2,900. Internal security is reinforced by Angolan troops. 

There are small exile groups in Portugal and Gabon. In May 
1986, former Minister of Health Carlos da Graca resigned the 
chairmanship of the National Resistance Front of Sao Tome and 
Principe (FRNSTP) based in Libreville, saying that the recent 
economic liberalization by the Government and its opening to 
moderate African states made his further leadership of the 
FRNSTP unnecessary. Da Graca said he would remain in exile 
until Angolan troops withdrew from the country. 

An incident in 1986 that still remains murky was the arrival in 
a fishing boat at Walvis Bay, Namibia, of 76 young black male 
Sao Tomeans who claimed to belong to the FRNSTP. FRNSTP 
officials in Libreville claimed that these men had been 
expelled from the movement, while the Sao Tome Foreign Minister 
stated that the 76 were not political opponents at all, but 
rather "opportunists." 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights. 

The extent to which the Government is aware of or influenced by 
international human rights organizations is not known. 



246 



SAO TOME 8. PRINCIPE 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

The Sao Tome population is relatively homogeneous, and there 
have been no reports of policy discrimination on a tribal, 
regional, sex, or religious basis among Sao Tomean citizens. 
As energetic outsiders. Cape Verdeans in Sao Tome do suffer 
some informal discrimination. 

Women have constitutional guarantees of equality, and several 
are active in public life. One senior official, the Minister 
of Education and Culture, is a woman, as is the President of 
the Popular Assembly. There are at least two women members of 
the central committee of the party. Cultural factors, rather 
than legal restraints, limit the actual participation of women 
in government . 

CONDITIONS OF LABOR 



Legislation requires that a minimum wage of approximately $55 
per month be pa'd to workers. There are reports that workers 
at several cocoa estates were not paid for several months or 
did not receive the minimum wage for an extended period of 
time. A legal minimum employment age of 18 years is apparently 
observed in practice. Basic occupational health and safety 
standards are contained in the Social Security Law of 1979. 



247 



U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOA^J AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: SAO TOME AND PRINCIPE 



1984 



1985 



1986 



I.ECON. 
LO 
GR 
A. AID 
LO 
GR 
(SEC 
a. FOOD 
LO 
GR 
TITLE 
REPAY 
DAY. 
TITLE 
e.REL 
VOL.R 
C.OTHE 
LO 
GR 



ASSIST. -TOTAL.. 

ANS 

ANTS 



ANS , 

ANTS 

.SU°P. ASSIST.) .. . 

FOR PEACE , 

ANS 

ANTS 

I-TDTAL 

. I>J $-LOANS...., 
IN FOR. CURR...., 

II-TOTAL 

lEF.EC.DEV J WFP, 
ELIEF AGENCY.. .. , 
R ECON. ASSIST.., 

AN S 

ANTS 

PEACE CORPS 

NARCOTICS , 

OTHER 



II.fllL. AS3IST.-T0TAL... 

LOANS 

GRANTS 

A. MAP GRANTS 

3. CREDIT FINANCING.... 
C.INTL MIL.EO.TRNG. .. . 
O.TRAN-EXCESS STOCK... 



£. OTHER GRANTS. 



III. TOTAL ECON. S MIL... 

LOANS 

GRANTS 



1.0 


0.1 


0.7 


0.0 


0.0 


D.O 


1.0 


3.1 


0.7 


0.0 


0.0 


0.7 


0.0 


0.0 


0.0 


0.0 


3.0 


0. ' 


O.D 


0.0 




1.0 


0.1 


J.O 


0.0 


0.0 


0.0 


1.3 


0.1 


1.0 


0.0 


O-r" 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


1.0 


3.1 


0.0 


5 


0.1 


0.0 


0.5 


0.0 


0.0 


0.0 


0.0 


0.0 


O.D 


3.0 


0.0 


0.0 


0.0 


Q.O 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


o-.o 


0.0 


0.0 


0.0 


0.0 


3.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


3.0 


0.0 


0.0 


0.0 


1.0 


0.1 


0.7 


0.0 


0.0 


0.0 


1.0 


0.1 


0.7 



OTHER US LOANS. .. , 
EX-IM SANK LOANS, 
ALL OTHER 



0.3 
0.0 
0.0 



0.0 

0.0 

0.0 



0.0 
0.0 

0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
198A 1935 1936 



1946-86 



TOTAL 


0.3 


8.1 


0.0 


19.3 


I3RD 


0.0 


0.0 


o'.o 


0.0 


IPC 


0.0 


0.0 


0.0 


0.0 


IDA 


0.0 


5.0 


0.0 


5.0 


ID3 


3.0 


0.3 


0.0 


0.0 


A03 


0.0 


Q.O 


0.0 


0.0 


AF03 


0.2 


3.1 


0.0 


12.0 


UNDP 


0.1 


0.0 


■ 0.0 


1.9 


OHER-UN 


0.0 


0.0 


0.0 


0.4 


EEC 


0.0 


0.0 


0.0 


0.0 



66-986 0-87-9 



248 



SENEGAL 



Senegal is a republic with a democratically elected president 
and a unicameral legislature. After acceding automatically to 
the presidency in January 1981, when former President Senghor 
retired, Abdou Diouf was elected in his own right in freely 
contested elections in 1983. A new parliament was elected at 
the same time with President Diouf 's Socialist Party winning 
111 of the 120 seats. Senegal has longstanding democratic 
traditions which predate independence, and there is wide 
public interest in, and debate on, political matters. While 
the Socialist Party has dominated the public scene since 
independence from France in 1960, Senegal is a true multiparty 
state with 16 legal political parties. 

The Senegalese military has a well-earned reputation as an 
apolitical and professional organization and is respected by 
the population. The generally well-trained and disciplined 
civilian security forces respect the laws they enforce. 

Although the Government and the majority party describe the 
national economy as Socialist, the Government has taken steps 
to reduce its involvement in many sectors of the economy, 
including selling off some state-owned enterprises and 
encouraging private initiative in agriculture and industry. 
However, with wages frozen and prices rising for agricultural 
products and consumer goods, there was increased concern in 
1986 about the political impact of the economic reform program. 

Long- and short-term trends in the human rights context remain 
positive. The legal system is active and effective in 
protecting human rights. The political process works well 
despite some concerns about the fairness of the electoral 
laws. The Government continued to provide strong support to 
several Dakar-based organizations which study human rights 
questions in Africa and the Third World. The only credible 
allegations of human rights violations in 1986 concerned 
prisoners who said they were tortured while in detention after 
separatist rioting in late 1983. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing. 

There was no evidence of any killings at government 
instigation or for political motives. 

b. Disappearance 

There were no reports of abduction of individuals by official, 
quasi-official, opposition, or vigilante groups. 

c. Torture and Cruel, Inhuman, or Degrading Treatment 
or Punishment 

Government officials in Senegal generally adhere to the 
section of the criminal code prohibiting physical abuse. 
There have been instances reported, however, of the use of 
force by lower level police officials in the interrogation of 
suspected criminals. During their trial in late 1985 and 
early 1986, most of the persons accused of participating in 
the separatist riots in Casamance in 1983 claimed they had 



249 



SENEGAL 

been tortured by police and gendarmes after being arrested. 
While an internal investigation reportedly began in 1986, and 
as many as 12 gendarmes faced possible charges, there had been 
no announcements and no prosecutions by the end of 1986. 

Prison conditions are crowded, and food is little above the 
subsistence level. Harsh prison conditions are partly 
alleviated by the access to prisoners by clerics, friends, and 
families, who are permitted and expected to provide food and 
amenities . 

d. Arbitary Arrest, Detention, or Exile 

The constitutional prohibition against arbitrary arrest or 
detention is respected in practice. Persons are not generally 
detained, punished, or tried for the expression of views 
critical of or different from the Government. However, in 
1986 one journalist complained, in print, that he had been 
arrested, questioned, and held for several days for carrying 
copies of an "unauthorized newspaper," a charge he denied. 
Preventive detention is permitted indefinitely when civil 
authorities determine that there is a threat of civil 
disturbance or that an individual is a threat to himself or 
others, such as in the case of the Casamance separatist 
supporters (see Section I.e.). 

The Senegalese legal system is patterned after the French 
system. A person suspected of a crime may be legally held 
without charge for 48 hours after arrest and may be held up to 
72 hours if ordered by a public prosecutor. This law is 
generally respected by law enforcement officials, and charges 
are formally and clearly drawn. By law, every person has 
access to legal counsel during every step of the legal 
process. In practice, persons with means will have private 
legal counsel, while the law makes provision for public 
defenders for indigents. 

There is no forced or compulsory labor in Senegal. 

e. Denial of Fair Public Trial 

Senegal has an active, independent, and well-trained 
judiciary, which is constitutionally independent of the 
executive, the legislature, and the military. Court officials 
are trained lawyers who have completed a number of years of 
required apprenticeship. Trials are open to the public, and 
defendants have the right to a defense attorney, many of whom 
are very skilled and aggressive in the protection of their 
clients. Ordinary courts hold hearings which are presided 
over by a panel of judges and, in the case of criminal 
charges, include a panel of citizens sitting with the judges 
as a form of jury. 

There are three categories of special courts: The High Court 
of Justice, The Security ("political") Court, and the military 
courts. The High Court of Justice was created for the sole 
purpose of trying high government officials for treason or 
malfeasance. It has not been convened since the early 1970 's. 

The Security (or "political") Court consists of a judge and 
two assessors and has jurisdiction over cases involving 
politically motivated crimes. This court was called into 
session in November 1985 for the trial of 105 persons accused 
of participating in a December 1983 separatist insurrection in 



250 



SENEGAL 

the southernmost region of Casamance, in which 3 gendarmes 
died and 80 persons were injured. The trial ended January 4, 
1986, with relatively lenient sentences, considering the 
violence of the incidents and the penalties requested by the 
prosecution — 73 defendents were freed outright, 31 received 
sentences ranging from 2 to 15 years, and 1 received life 
imprisonment. The trial was held in open court and marked by 
procedural controversy, which delayed the testimony. The 
defendants claimed that they had been held in prison for 
excessive periods after arrest before being officially 
charged, and that they had been beaten and tortured at the 
hands of police or gendarmes. The military court system has 
jurisdiction over offenses committed by members of the armed 
forces during peacetime (in wartime, courts-martial may be 
convened). Civilians may not be tried by military courts. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The Senegalese bureaucracy, patterned after the French system, 
is highly centralized and requires of Senegalese citizens a 
fairly extensive array of documentation for purposes of 
education, obtaining social security benefits, etc. The 
intent, however, is not coercive, and there is otherwise 
little Government interference in the private lives of 
Senegalese citizens. There is no coercion to join a 
particular political party or to participate in political 
demonstrations. A wide variety of political expression is 
possible and is not subject to restrictions other than those 
relating to public order. There is no evident pattern of 
monitoring the private written or oral communications of 
Senegalese citizens. There are constitutional and legal 
safeguards against arbitrary invasion of the home. Search 
warrants are required and may be issued only by judges and in 
accordance with procedures established by law. There is no 
evidence that public security forces have violated the law in 
this regard. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Senegal enjoys freedom of speech and press both in theory and 
in practice. The Constitution guarantees the right of each 
person to express and disseminate opinions freely. Full 
academic freedom is enjoyed by the schools and the country's 
sole university. 

There is neither censorship nor banned publications in 
Senegal. Publishers are required to register with the Central 
Court prior to starting publication, but such registrations 
are routinely approved. There are several regularly published 
magazines and newspapers and a number of publications which 
appear sporadically, reflecting a broad range of opinion from 
conservative to Marxist. The country's most professional and 
informative newspaper is controlled by, and supports, the 
majority Socialist Party. However, articles critical of 
government policies and officials regularly appear even in 
this paper. Other publications, representing other 
viewpoints, are sometimes vociferously critical of the 
Government. Foreign publications are not banned or censored. 

The editor of an opposition newspaper, arrested in August 1985 
on charges of defamation of the Head of State and the 



251 



SENEGAL 

Government (slander), was released after serving a sentence of 
230 days. Opposition leaders described his arrest as an 
attempt to muzzle the media. Since his release, he has 
resumed publication of his paper, which continues to voice 
criticism of the Government's policies, albeit with more 
restraint and discretion. 

Television and radio stations are owned by the Government; 
activities of the Socialist Party are given prominence, but 
there is occasional coverage of the declarations and 
activities of the opposition parties. 

b. Freedom of Peaceful Assembly and Association 

Senegalese freely and frequently exercise their constitutional 
right of assembly. Prior authorization for public 
demonstrations is required, and demonstrations or protest 
meetings against government policies are closely monitored by 
security services. In April 1986, students at the University 
of Dakar planned a march from the campus to the U.S. Embassy 
to protest the American raids on Libya. They were denied 
permission for the march, and the authorities stationed 
gendarmes and troops at choke points near the campus and on 
the route to the Embassy. When the students saw the show of 
force, they confined their march to the university grounds. 
No one was arrested or detained. 

Workers have the right to organize and bargain collectively 
and to strike if negotiations are unsuccessful. Less than 25 
percent of the labor force is unionized. In most union 
activities, economic and work-related issues are the principal 
concerns. The major trade union confederation, the National 
Confederation of Senegalese workers (CNTS), is affiliated with 
the ruling Socialist Party. There are also small independent 
trade unions which are important to the society and economy of 
Senegal. The CNTS is entitled by law to ministerial posts but 
rather than fill them itself has chosen to retain the right to 
veto the President's nominations. In the past, the Governm.ent 
has used its connection with the CNTS as a useful means of 
informing workers of government policies, gaining better 
understanding of worker complaints and problems, and ensuring 
that strikes are legal and called only over significant 
grievances. In September workers at the printing plant which 
produces Dakar's daily newspaper stopped work to protest a 
management decision to cease providing transport for employees 
who worked night shifts. A compromise was reached after a 
week, and the printers resumed work. The International Labor 
Organization maintains a regional office in Senegal. 

c. Freedom of Religion 

Senegal is constitutionally a secular state, and freedom of 
religion is a legal right which exists in fact. Islam is the 
religion of over 85 percent of the population. Other 
religions, primarily Catholicism, are freely practiced. 
Missionary activity is permitted, and foreign Protestant 
missionaries are active in several regions of the country. 
Conversion is permitted, and there is no discrimination 
against minority religions. Adherence to a particular 
religion confers neither advantage nor disadvantage in civil, 
political, economic, military, or other sectors. 



252 



SENEGAL 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

The Senegalese Constitution states that all citizens have the 
right to move and establish themselves freely anywhere in 
Senegal, a right that is respected in practice. Since 1981, 
exit visas are not required for travel outside the country. 
There is no restriction on emigration, and repatriates are not 
officially disadvantaged on return to Senegal. 

Senegal is host to 5,140 recognized and assisted refugees. 
Prior to the April 3, 1984 coup in Guinea, there were an 
estimated 500,000 Guineans in Senegal most of whom were not 
officially recognized as refugees. Most of them have since 
returned to Guinea. There is a regional office of the United 
Nations High Commissioner for Refugees in Dakar. Senegal 
continues to make places available for refugee students from 
other countries at the University of Dakar and other 
educational institutions. An opposition newspaper reported in 
late September that three "political refugees," opponents of 
the Government of Guinea-Bissau, had been arrested in the 
Dakar area and extradited to that country in August. The 
Senegalese Government has indicated that the three were 
involved in planning active intervention against the Bissauan 
Government, which would violate any agreement for refuge under 
which they entered Senegal. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Senegal is a functioning multiparty democracy with universal 
suffrage. There are currently 16 legally registered parties 
ranging in ideology from conservative to Trotskyite. 
Presidential and parliamentary elections were last held in 
February 1983, with rural and municipal elections in November 
1984. The next general elections are scheduled for February 
1988. While there is a long tradition of democracy in 
Senegal, political life throughout the post independence period 
has been dominated by the Socialist Party, which won the 
presidency and 111 of the 120 parliamentary seats in the 1983 
elections, and which swept the municipal and rural elections 
the following year. Opposition parties complained that 
changes in the electoral law favored the government party by 
removing the requirements for voter identification, a secret 
ballot, and opposition representation when ballots were 
counted. While the consensus was that the 1983 voting was on 
the whole free and fair, the largest opposition party, with 
eight seats in the Parliament, decided to boycott the 1984 
elections. In 1986 several of the opposition parties 
announced their intention to boycott the 1988 general 
elections unless the electoral law is modified. The 
Government is reportedly studying the issue. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

Senegal is a leader among African countries in the 
establishment and promotion of international standards for 
human rights practices. Senegal was the original sponsor of 
the Human Rights Charter of the Organization of African Unity 
and is also an active member of the U.N. Human Rights 
Commission. Dakar is the headquarters of the African Bar 
Association's Institute of Human Rights, an organization which 



253 



SENEGAL 

trains lawyers and judges in translating general human rights 
principles into practical legal and judicial procedures. A 
number of Senegalese are prominent in African and 
international human rights activities. Senegal maintains a 
dialogue with organizations such as Amnesty International, 
whose 1985 Report apparently influenced the Government to move 
forward with the trials of the Casamance detainees. 

Section 5 Discrimination Based on Sex, Race, Religion, 
Language, or Social Status 

There is no discrimination in Senegal based on race, religion, 
or language. While there is no discrimination in law based on 
sex, since the country is predominantly Muslim (over 80 
percent of the population). Islamic customs including polygamy 
and the rules of inheritance generally prevail, especially in 
the rural areas. Women are active participants in the 
political process, and several parties, including the dominant 
Socialist Party, have sections promoting women's rights. 
Twelve women are deputies in the National Assembly, and there 
are three women in President Diouf's Cabinet. In addition, a 
number of government ministries employ women in key positions, 
e.g., the political director of the Ministry of Foreign 
Affairs. In other ministries key agronomists, statisticians, 
and economists are women. In the urban areas, the lay 
character of the State and the nondiscriminatory nature of the 
country's legal system is more likely to prevail. 

A subtle form of discrimination based on social status does 
exist, although it has been officially outlawed for several 
years. It concerns those families "of caste," who were 
traditionally occupied with menial or dirty jobs in the 
community — tanners, blacksmiths (and by extension, gold and 
silversmiths), wood carvers, some fishermen, etc. Although it 
is against the law to even mention the caste of a Senegalese, 
in fact virtually all citizens of the country know where each 
person fits in the social hierarchy. There have been articles 
in the press describing frictions which result from this 
social stratification. For example, a family may refuse to 
permit the marriage of a daughter to a young man of caste 
because it would lower her status. The Government would like 
to see this discrimination disappear and has legislated 
against it, but old traditions persist. 

CONDITIONS OF LABOR 

While there are industry-wide statutes concerning the minimum 
age for employment of children, the economic situation in 
Senegal has created an environment wherein a substantial 
number of underage workers are employed, particularly in 
cottage industries. Through collective bargaining, 
principally by the National Confederation of Senegalese 
Workers, there are legal guidelines for occupational safety 
and health, minimum wages, and limits on working hours. In 
practice, however, these guidelines are often ignored and 
working conditions in Senegal, as in most third world 
countries at a similar stage in their economic development, 
are below Western standards. 



254 



U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: SENEGAL 



1984 



1985 



1986 



I. 



CON 

L 

G 

A. AID 

L 

G 

(SE 

3.F00 

L 

G 

TITLE 

SEPA 

OAY. 

TITLE 

E.Rc 

i/OL. 

C.OTH 

L 

G 



. ASSIST. -TOTAL.. 

OANS 

RANTS 



OANS 

RANT 

C.SU 

FO 

OANS 

RANT 

I-T 

Y. I 

IN 

II- 

LIEF 

RELI 

ER E 

OANS 

RANT 

PEA 

NAR 

OTH 



PP. ASSIST.) . 
R PEACE 



S 

QTAL , 

N $-LOANS...., 
FOR. CURR.. .. . 

TOTAL 

.EC.DEV i WFP, 
SF AGENCY.. .. , 
CON. ASSIST... 



CE CORPS. 
COTICS... 
ER 



•TOTAL. 



II.MIL. ASSIST. 

LOANS 

GRANTS 

A. MAP GRANTS 

3. CREDIT FINANCING. 
C.INTL MIL.EO.TRNG. 
D.TRAN-EXCESS STOCK, 
E. OTHER GRANTS , 



III. TOTAL ECON. S "I I L . 

LOANS 

GRANTS 



51.2 


53.2 


52.3 


0.0 


0.0 


0.0 


51.2 


53.2 


52.3 


34.6 


44.4 


50.2 


O.D 


0.0 


0.0 


34.5 


44.4 


50.2 


10.0 


15.0 


27.5 


14.7 


6.8 


0.0 


0.0 


0.0 


0.0 


14.7 


6.8 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


14.7 


6.8 


0.0 


9.3 


2.0 


0.0 


5.4 


4.8 


0.0 


1.9 


2.0 


2.1 


G.O 


0.0 


0.0 


1.9 


2.0 


2.1 


1.9 


2.0 


2.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


2.5 


3.5 


3.4 


0.0 


0.0 


0.0 


2.5 


3.5 


3.4 


2.0 


3.0 


2.9 


0.0 


0.0 


0.0 


0.5 


0.5 


0.5 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


53.7 


56.7 


55.7 


0.0 


0.0 


0.0 


53.7 


56.7 


55.7 



OTHER US LOANS. .. , 
EX-IM BANK LOANS. 
ALL OTHER 



0.0 

0.0 
0.0 



0.0 
0.0 
0.0 



0.0 
0.0 

0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
19S4 1985 1986 



1946-86 



TOTAL 


79.6 


39.5 


7.5.0 


981.0 


I3R0 


0.0 


0.0 


0.0 


158.9 


if: 


3.2 


0.0 


2.6 


38.5 


104 


62.1 


24.0 


72.4 


445.0 


103 


0.0 


0.0 


0.0 


0.0 


A03 


0.0 


0.0 


0.0 


0.0 


AF03 


13.0 


13.5 


■ 0.0 


73.0 


UNDP 


1.3 


2.0 


0.0 


45.6 


OTHER-UN 


0.0 


O.D 


0.0 


7.4 


ee: 


0.0 


0.0 


0.0 


212.6 



255 



SEYCHELLES 



The Government of Seychelles, led by President France Albert 
Rene, took power in June 1977 in a military coup d'etat and 
forced into exile a number of former leaders, including ex-prime 
minister James Mancham. In 1979 a new Constitution was 
promulgated which formally abolished all political opposition to 
the socialist ruling party, the Seychelles People's Progressive 
Front (SPPF). This Constitution provides for a strong 
presidential executive, who appoints ministers, and a People's 
Assembly of 23 members and several appointed members. 

In the past, there have been external threats. Tanzanian 
troops, now no longer on the islands, helped put down a mutiny 
in the armed forces in 1982. The defense force repulsed a 
November 1981 attack by mercenaries financed by Seychellois in 
exile. The Seychelles has a defense force of about 1,000 
persons, as well as a uniformed police force of 500 and a 
People's Militia of about 2,000. 

The Seychelles economy relies predominantly on tourism for 
foreign exchange. The tourism industry, which fell dramatically 
in the early 1980 s, has since revived, and some 70,000 
foreigners visited the Seychelles during 1986. Seychelles has 
actively sought to diversify the economy by granting fishing 
licenses to French, Spanish, Korean, and Japanese trawlers and 
by expanding the fishing port in Victoria through donor 
assistance . 

The human rights situation in Seychelles changed little during 
1986. The Constitution does not guarantee fundamental human 
rights but rather includes them in a preamble as the goal of the 
people of Seychelles. The President has reaffirmed his 
determination to put down opposition elements, and the 
Government continued to use exile as a means of suppressing 
dissent. On the positive side, the President reaffirmed his 
commitment to freedom of religion and promised that the 
Government would neither interfere in church affairs nor 
restrict the right of religious groups to speak out, including 
through their influential media outlets. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no known instances of killing for political motives. 
Members of the opposition allege, however, that Gerard Hoareau, 
leader of the London-based Seychelles National Movement, who was 
killed in November 1985, was assassinated by government agents. 

b. Disappearance 

There were no reports of disappearance. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

The Constitution explicitly forbids torture. While instances of 
torture are infrequent, one prisoner, detained for political 
reasons, reportedly was burned with cigarettes and had his beard 
set on fire. 



256 



SEYCHELLES 

Generally, prisoners are well fed and supervised by professional 
prison wardens. Prisoners are normally incarcerated on isolated 
islands, although family visits are routinely arranged. 

d. Arbitrary Arrest, Detention, or Exile 

At the end of 1986, there were no known cases of persons still 
under detention under provisions of the Preservation of Public 
Security Act. Under this Act, the President exercises 
quasi-judicial powers. For example, detention orders are served 
on authority of the President who can suspend habeas corpus 
where public security is involved. This Act, enacted in 
December 1981 following an attack by mercenaries, has been used 
on several occasions in recent years and has tarnished the 
Government's reputation. Six persons were arrested in June 1986 
under this Act, including Phillippe Boulle, the leading human 
rights activist in the country, but the six were subsequently 
released. In addition, police have held persons for 24 hours 
for "questioning" regarding alleged antigovernment activities. 
In particular, persons who seek to mobilize public opinion 
against the Government run a serious risk of being held for 
"questioning," and if government employees can be fired without 
recourse to appeal. Others face social and economic harassment 
and receive direct or anonymous threats which they believe 
originate from government officials as signals to leave the 
country. Frequently, opponents of the Government are urged to 
emigrate, an option that many have chosen over the years. 

There is a prohibition against the use of forced or compulsory 
labor, and such practices have not been employed in Seychelles. 
There is, however. National Youth Service for all persons 14 to 
16, which has elements of military training and discipline, as 
well as academic study. 

e. Denial of Fair Public Trial 

Defendants in nonpolitical (both civil and criminal) cases have 
access to counsel and have enjoyed speedy and fair trials. 
Trial procedures are patterned in large measure on English 
common law, although there is also a heavy influence of 
Napoleonic customary law. Judges are provided under 
arrangements with the British Commonwealth and, except for 
security cases, have exhibited considerable independence from 
the executive and legislative branches of the Government. The 
Chief Justice, who is appointed by the President, has stressed 
on several occasions that it is the judiciary's responsibility 
to impose sentences as required by law and that it should 
reflect the will of the legislature. Seychelles' law requires 
that a member of the armed forces be tried by court-martial 
unless the President decrees otherwise. 

Amnesty International adopted Royce Dias, a known opponent of 
the Government, as a prisoner of conscience. Dias' 7-year 
sentence for possession of drugs was recently reduced by the 
appeals court to 5 years. The pardoning of a relative of a 
senior yovernment official for a similar criminal offense 
rekindled suspicion that the criminal charges against Dias were 
fabricated for political reasons. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The authorities have broad powers of search and seizure without 
a warrant. The Seychelles Marketing Board Act, passed in 1984, 



257 



SEYCHELLES 

allows police to enter any premises, private or public, and to 
seize any documents which they believe may be in violation of 
the Act. Legislation exists which allows the Government to open 
mail, domestic as well as international, and it is widely 
believed that the Government does so. Since June 1983, the 
Government has embarked on a campaign to nationalize private 
land, ostensibly to claim unused agricultural land. Although 
the Government has stated that compensation will be paid, 
relatively few persons have yet received compensation. 
Negotiations with previous owners are continuing. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Although theoretically protected under the 1979 Constitution, 
freedom of speech is exercised sparingly. The Government 
controls the major newspaper in the country, as well as all 
radio and television broadcasting. Legislation provides for up 
to 3 years' imprisonment for anyone "who with intent to bring 
the President into hatred, ridicule or contempt, publishes any 
defamatory or insulting matter whether in writing, print or word 
of mouth, or in any other manner." This same legislation 
authorizes a 2-year sentence for anyone who "prints, supplies, 
distributes, reproduces, or has in his possession or control" 
any publication banned by the Governm.ent for security reasons. 
In November 1986, two Seychellois were sentenced for possessing 
and reproducing seditious literature. One received a 9 month 
sentence while the other received a 6 month suspended sentence 
(due to her youth) . The Government has sought to prevent the 
importation of pamphlets printed abroad by its opposition. 

The President has promised not to interfere with the church's 
right to speak out freely. The Catholic Church publishes a 
lively paper. Echo des Isles, which is not subject to government 
control or censorship. This paper continues to publish some 
articles which obliquely criticize the Government. The two 
largest religious denominations in the country, the Roman 
Catholic and Anglican churches, are each provided 2 free 
uncensored hours of broadcasting a month. Both churches have 
taken advantage of the monthly broadcast to comment on social 
and political issues. Seychelles has for the past 17 years 
granted a license for a Protestant radio station (FEBA) to 
broadcast religious programs throughout Asia and Africa. FEBA 
is planning to expand its facilities in Seychelles. The British 
Broadcasting Corporation has commenced building a relay facility 
on the main island of Mahe . Foreign broadcasts are widely 
listened to and are uncensored. Foreign publications have been 
imported and sold without hindrance. 

b. Freedom of Peaceful Assembly and Association 

The Government has been quick to move against unauthorized 
demonstrations and has made arrests under a British colonial law 
which prohibits unlawful assembly without a government permit. 
All associations, clubs, and other organizations require 
government permission to organize, which is usually granted for 
nonpolitical groups. 

There is one legal union. The National Workers' Union, which is 
under direct control of the ruling party. It does not function 
as a free trade union, although it plays an advisory role for 
workers and seeks better working conditions for its members. 
Changes at the 1985 Party conference further restricted the 



258 



SEYCHELLES 

election of labor union officials who, in the future, will be 
appointed by the Government. A new labor law was published in 
1986 which sets out guidelines for employee/employer relations. 
There has been no official strike in Seychelles since 1977. 

c. Freedom of Religion 

There has been no official religious persecution in Seychelles, 
and church services are widely attended. The Roman Catholic and 
Anglican churches have flourished, and Muslims and Hindus are 
unrestricted in their religious practices. There is a clear 
separation between church and state. Religious instruction in 
schools has been limited. In response to the church's complaint 
that it has been difficult, if not impossible, for children 
(ages 14 to 17) in the National Youth Service (NYS) to attend 
church on a weekly basis, the Government now allows services to 
be held at the NYS camps. As recently as 1984, the President 
publicly reiterated his support for religion and said there 
would be no government interference in the right of people to 
worship as they choose. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

There are no restrictions on internal travel. Passports may be 
acquired by virtually any citizen, although Seychellois 
traveling abroad for study at government expense are required to 
sign a bond which enables the Government to recoup the cost of 
their education should they fail to return. Such persons who 
are "bonded" must have government permission to travel abroad 
following their return. There are no known cases in which 
passports are currently being withheld. There are no 
restrictions on voluntary repatriation for those who are willing 
to accept the present one-party political system. 

Section 3 Respect for Political Rights; The Right of Citizens 
to Change Their Government 

Since 1979 there has been only one legal political party, the 
SPPF. All political (and much social) activity is channeled 
through this institution. President Rene, both as President of 
the country as well as the Secretary General of the party, 
wields much power and influence. Opponents of the party can 
neither organize nor express public opposition. The party has 
23 regional offices called "branches" which are responsible for 
organizing and supervising discussion about current government 
policies. These branches are encouraged to report public 
opinion in their regions. Such discussions do not normally 
affect policy, which appears to be directed from above. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

Requests for information are sent to the Chief Justice of the 
Supreme Court, who acts as an interlocutor between human rights 
groups, such as Amnesty International, and the Seychelles 
Government. Reportedly all such inquiries have been answered, 
and in some cases these inquiries have led to the release of 
detainees . 



259 



SEYCHELLES 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

There is no discrimination in housing, employment, education, or 
other social services based on sex or on racial, ethnic, 
national, or religious identification. Women enjoy high status 
in this essentially matriarchal society. Women have the same 
legal, political, economic, and social rights as men. One woman 
was recently elevated to the rank of minister. Two women are 
serving as central committee members of the party. Many senior 
officials, up to and including the rank of secretary of state, 
are women . 

CONDITIONS OF LABOR 

The people of Seychelles enjoy a relatively high standard of 
living for a developing country. Labor laws were consolidated 
in the Employment Act of 1985, which provides for a minimum 
working age of 14 and a minimum wage of $165 per month. 
According to officials of the National Workers Union, 
occupational safety and health conditions are monitored by the 
Union's inspection program. 



260 



U.S.OVSRSEftS -LOANS 4N0 GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: SEYCHELLES 



19S4 



1935 



1986 



I.ECON. 
LO 
GR 
A. AID 
LO 
GR 
(S£C 
3. FOOD 
LO 
GR 
TITLE 
^EPAY 
OAY. 
TITLE 
5.REL 
VOL.R 
C.OTHE 
LO 
GR 



ASSIST. -TOTAL.. 

ANS. 

ANTS 



ANS 

ANTS 

•SUPP. ASSIST.) .. . 

FOR PEACE 

ANS 

ANTS 

I-TOTAL 

. IJ $-L0AN5...., 

IN FOR. CURR 

II-TOTAL 

lEF. EC.DEV I WFP, 

ELIEF AGENCY 

R ECON. ASSIST... 

ANS 

ANTS 

PEACE CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST. -TOTAL. 

LOANS 

GRANTS 

A. MAP GRftNTS , 

5. CREDIT FINANCING.. 
C.IHTL MIL.EO.TRNG., 
D.TRAN- EXCESS STOCK. 
:. OTHER GRANTS 

III. TOTAL ECON. 

LOANS 

GRANTS.... 



i MIL, 



2.5 


2.7 


2.3 


O.D 


0.0 


0.0 


2.5 


2.7 


2.3 


2.0 


2.2 


2.0 


0.0 


0.0 


0.0 


2.0 


2.2 


2.0 


2.0 


2.0 


1.9 


0.3 


0.3 


0.0 


0.0 


0.0 


0.0 


0.3 


0.3 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0,0 


0.0 


0.0 


0.3 


0.3 


0.0 


0.0 


0.0 


0.0 


0.3 


0.3 


0.0 


0.2 


0.2 


0.3 


0.0 


0.0 


0.0 


0.2 


0.2 


0.3 


0.2 


0.2 


0.3 


0.0 


0.0 


0.0 


0.3 


3.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


2.5 


2.7 


2.3 


0.0 


0.0 


0.0 


2.5 


2.7 


2.3 



OTHER US LOANS 0.0 


0, 
0, 
0. 


.0 0.0 


EX-IM BANK LOANS 0.0 

ALL OTHER 0.3 


.0 0.0 

.0 0.0 






ASSISTANCE FROfl INTERNATIONAL AGENCIES 
1934 1935 1986 




1946-86 



TOTAL 


3.3 


12.4 


?.5 


53.4 


IBRD 


0.0 


6.2 


0.0 


6.2 


if: 


3.0 


0.0 


9.5 


9.5 


lOA 


3.0 


0.0 


0.0 


Q.O 


108 


3.0 


0.0 


0.0 


0.0 


A03 


0.0 


0.0 


0.0 


0.0 


AFOB 


8.0 


6.0 


, 0.0 


34.2 


UNDP 


3.2 


0.2 


0.0 


3.0 


OTHER-UN 


0.1 


O.D 


0.0 


0.5 


EEC 


0.0 


0.0 


0.0 


0.0 



261 



SIERRA LEONE 



Sierra Leone has a one-party system of government with the 
President exercising predominant executive authority. The 
1978 Constitution, approved in a national referendum, 
established the All People's Congress (APC) as the sole legal 
party and extended the term of then-President Siaka Probyn 
Stevens until 1985. (Stevens first assumed executive power in 
1976 following two military coups.) Stevens handpicked Major 
General Joseph Saidu Momoh, then Sierra Leone Military Force 
Commander, as his successor, and Momoh was confirmed as 
President in a national referendum on October 1, 1985. 
Parliamentary elections were held in May 1986. All candidates 
in the 105 constituencies were officially sanctioned by the 
party, but as many as 5 were permitted to run in each district. 

The government security structure, which includes the police, 
the military forces, and a Special Security Division (SSD), 
does not generally interfere with the rights of individuals. 
Certain army units were accused of trying to force merchants 
to sell rice at fixed government prices in 1985, but there was 
no repetition of such charges in 1986. 

Sierra Leone is considered by the United Nations to be among 
the world's least developed countries. About 70 percent of 
its 3.9 million population is engaged in agriculture, mainly 
at the subsistence level. The Constitution recognizes the 
right to own private property. Most of the modern sector of 
the economy is privately owned, but there is government 
ownership in certain key sectors, particularly mining and 
transportation. Austerity measures aimed at reforming Sierra 
Leone's economy and meeting conditions for continued access to 
International Monetary Fund loans were initiated in July 
1986. As a result, the majority of the population has 
experienced some hardship, but there has been relatively 
little overt public discontent. 

There were no reports of major human rights abuses in Sierra 
Leone during 1986. Significantly less campaign violence 
occurred in the 1986 elections than in the previous national 
elections. Irregularities were reported in 17 constituencies, 
but these were redressed by repelling within a few weeks of 
the original election date. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports of political killings. 

b. Disappearance 

There were no reports of abduction of individuals by the 
Government or hostage taking by nongovernmental groups. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

There were no specific reports of torture. Harsh physical 
treatment of prisoners by police, however, is probably 
common. Attorneys occasionally have reported being shown 
bruises and other marks of violence on detainees' bodies that 



262 



SIERRA LEONE 

they believe could have been caused by police beatings. 
According to Anmesty International's 1986 Report, a student 
detained in March 1985 was beaten unconscious by SSD 
officers. He had been detained with at least 41 others in 
connection with a strike by the Sierra Leone Motor Driver's 
Union called to protest the detention and ill-treatment of 
some of its members. 

Prisons are dangerously overcrowded, and the local press has 
deplored prison conditions. Prison deaths due to 
malnutrition, pneumonia, diarrhea, and gastroenteritis are 
said to be common. 

d. Arbitrary Arrest, Detention, or Exile 

Under Sierra Leonean law, detained persons have the right to a 
judicial determination of the legality of their detention. It 
is widely charged, however, particularly in Sierra Leonean 
legal circles, that police, as a form of harassment, sometimes 
detain persons for short periods without charge. Under normal 
circumstances detainees not charged with an offense within 28 
days of arrest must by law be released, unless a state of 
emergency is in effect. During a state of emergency, 
however, the Public Emergency Act comes into effect, and 
persons detained under its provisions are not guaranteed a 
hearing unless charged with a capital offense. At the end of 
1986, no one was being detained under public emergency 
regulations. Under the Constitution, the President has the 
right to order the detention of any person who is, or is 
reasonably suspected to be, dangerous to the well-being of the 
Republic . 

Neither exile nor forced labor is practiced. 

e. Denial of Fair Public Trial 

The judiciary has generally maintained its independence, 
although some critics charge that the legal system is subject 
to political manipulation, often before cases reach the 
courts. Sierra Leone's courts have a reputation for providing 
fair public trials. Defendants are allowed counsel of their 
choice, and convictions may be appealed. Many defendants, 
however, cannot afford counsel, and public defenders are 
provided only in capital offense cases. 

The legal system is heavily overburdened and lacking in 
resources. This results in an average delay of 2 years before 
cases actually come to trial. The only official records of 
proceedings are handwritten notes taken by the judges. This 
practice limits lawyers' access to written documentation and 
puts in question the impartiality of the official record. 

At the end of the year, no political prisoners were reported 
as being held. However, some of the persons convicted for 
involvement in the outbreak of violence in the Pujehun 
District in 1983 are still in prison, and allegations exist 
that political motivations were partially behind their initial 
detention. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

These rights of the individual are generally not abused by the 
State, and legal safeguards against arbitrary invasion of the 
home are usually observed. Neither censorship of mail nor 
electronic eavesdropping by the State on private conversations 



263 



SIERRA LEONE 

have been reported. Some organizations have claimed that 
informers report to the Government on their activities. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Although freedom of speech is legally guaranteed, this freedom 
can be abridged under the Constitution if the proper 
functioning of the Government is deemed to be in jeopardy. In 
practice, the Government generally tolerates public criticism 
by individual citizens, and academic freedom is fully 
respected. Political propaganda occasionally circulates 
within the country from opposition groups based in Western 
Europe or the United States. 

There is, in practice, considerable freedom of the press and 
no prior government censorship of the press. The 10 privately 
owned newspapers report on sensitive political and economic 
topics, and investigative reporting on misuse of government 
funds, bribery, and bureaucratic indiscipline has been 
published. The Government, in the person of the President or 
Minister of Information, regularly issues press releases 
stating that there is no press censorship but usually adds 
that critics should be fair and place events in the context of 
the development process . The Government thus expects 
journalists to exercise some self-censorship. Most editors 
avoid publishing articles portraying the country in a critical 
light or attacking the President personally. This approach is 
codified in the Newspaper Act of 1983, which specifies 
qualification standards for editors and sets a fee for 
registration of newspapers. In 1985 two journalists were 
imprisoned for contempt, and the editor of an independent 
newspaper. For Di People, was imprisoned for over 70 days 
without charge or trial after publishing an article on the 
excesses of the Special Security Division. There were no 
arrests or detention of members of the press in 1986. 

b. Freedom of Peaceful Assembly and Association 

The Constitution guarantees the right of freedom of assembly 
and permits the formation of and membership in trade unions or 
other economic, social, or professional associations. These 
rights are, however, limited, most significantly where 
assembly or association would conflict with the "proper 
functioning of the party" or with public order. This was the 
rationale employed when a group of persons was detained after 
taking part in peaceful demonstrations in April. The 
detainees were acquitted shortly after their arrest because 
the Government failed to prove that the group's actions 
constituted a serious threat to public order. In practice, 
freedom of association in the nonpolitical sphere is respected. 

Trade unions normally are permitted to operate freely and 
exercise the rights to organize, negotiate, strike against 
employers, join in confederations, and affiliate with 
international organizations. When trade unions publicly 
challenged government policy in 1981, the Government arrested 
approximately 180 union members. The Sierra Leone Labor 
Congress elected an executive committee in 1982, but this 
group's political independence may have been compromised in 
April 1986 when its head was appointed a member of 
Parliament. Most sectors of the Sierra Leone economy, except 
agriculture, are unionized. The Labor Congress is a member of 



264 



SIERRA LEONE 

the International Confederation of Free Trade Unions. Private 
associations of citizens can and do make representations to 
the Government on policy issues and are not subject to 
reprisals . 

c. Freedom of Religion 

There is a tradition of religious tolerance in Sierra Leone. 
There is no state or otherwise favored religion. Muslims (the 
most numerous religious group). Christians, animists, and 
adherents of other faiths practice their religions freely and 
publish religious documents without government interference. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation. 

The only official control on travel within the country is in 
diamond mining areas where restrictions are intended to 
control smuggling. There are few regulations restricting 
foreign travel. Sierra Leone, a party to the UN Convention 
and Protocol Relating to the Status of Refugees, is host to 
approximately 290 refugees, most of whom are students from 
Namibia. There have been no reported incidents of forced 
repatriation. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Former President Stevens was the dominant authority in Sierra 
Leone until 1985, when he retired and arranged for his 
succession by Major General Momoh. The Parliament, at 
Stevens' behest, amended the Constitution to allow Momoh to 
become President without resigning his military commission, 
and in August of that year the single party, the All Peoples' 
Congress, under the control of Stevens, nominated Momoh as 
President. Since independence in 1961, the clear trend in 
political development has been to increase executive power and 
decrease constitutional checks on that power. The 
Constitution provides that the leader of the party will be the 
sole candidate for the office of President. A Cabinet, 
selected by the President from elected as well as appointed 
members of Parliament, meets with the President regularly and 
is a key advisory body. 

The unicameral Parliament is subservient to the executive 
branch of the Government. However, some observers suggest 
that President Momoh has encouraged a so-called "backbenchers" 
association in Parliament to become an internal voice of 
opposition. Candidates for Parliament are chosen in each 
constituency by the party's local executive committee. The 
executive committee chooses up to five candidates from the 
list of citizens who seek nomination. The central committee 
of the party, among whose members are both President Momoh and 
ex-President Stevens, can disapprove the nomination of any 
locally selected nominee whose candidacy it believes would be 
inimical to the State. The 1986 parliamentary elections 
generally followed these guidelines, and all but 6 of the 105 
constituencies had contested elections. All winning 
candidates, by the nature of the system, were APC members. 
The two vice presidents were among the six members of 
Parliament elected without opposition, but several prominent 
candidates, including former cabinet ministers, were among 
those defeated. 



265 



SIERRA LEONE 

In addition to the national political system, a traditional 
system of local government operates in the provinces. 
Paramount chiefs are elected for life by the members of local 
chiefdom councils. The paramount chiefs retain considerable 
authority in local affairs and in resolving minor disputes 
among their traditional subjects. 

There is universal suffrage, and no groups are precluded from 
voting because of gender, tribe, race or religion. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights. 

In 1985 members of the Sierra Leone Bar Association organized 
the Society for the Preservation of Human Rights, and in June 
1986 its constitution was ratified. The Government has not 
interfered with the organization, which is supported by 
members of Parliament, judges, medical doctors, academics, 
civil servants, trade unionists and the media. The Society 
won its first major court case in early 1986. Local chapters 
of Amnesty International also exist. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

There is no officially sanctioned discrimination on the basis 
of race, sex, religion, language, or social status. Members 
of Sierra Leone's various ethnic and religious groups interact 
peacefully and are represented in all levels of the 
Government. Women are guaranteed equal rights by the 
Constitution, but their status varies substantially in 
different parts of the country and depends upon the cultural 
values of various tribal groups. Women have, in some regions 
of Sierra Leone, been elected to the prestigious position of 
paramount chief. The Government continues to be male 
dominated, but women are prominent in some professions, and 
one woman is a Supreme Court Justice. In the 1986 
parliamentary elections, only 5 of the 112 members elected 
were women. 

CONDITIONS OF LABOR 

The normal work week is 38 1/2 hours (7 hours on each of the 5 
weekdays and 3 1/2 hours on Saturdays). An established code 
sets out acceptable standards for the workplace, covering 
maintenance of machinery, safety procedures, and sanitary 
conditions. In actual practice, however, manufacturing 
concerns in Sierra Leone, of which there are very few, 
probably do not conform to the code, and there is no 
practicable means of enforcing it. There is no minimum age 
for the employment of children. Sierra Leone has no 
legislated minimum wage, and outside the public sector there 
are no comprehensive wage or salary guidelines. Because of 
the recent float of the leone, the government currently is 
reviewing existing public sector wage and salary scales. In 
conjunction with this review, the Sierra Leone Labor Congress 
has a petition before the Parliament to create a national 
minimum wage scale. 



266 



U.S.OV^RStftS 



■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: SIcRRA LEONc 



1934 



1985 



1936 



I. ECON 

L 

G 

A. AID 

L 

G 

(S£ 

B.fOO 

L 

G 

TITLE 

REPA 

?AY. 

TITLE 

E.RE 

VOL. 

C.OTH 

L 

G 



. ASSIST. -TOTAL.. 

OANS 

RANTS 



OANS 

RANT 

C.SU 

D FO 

OANS 

RANT 

I-T 

Y. I 

IN 

II- 

LIEF 

RELI 

ER E 

OANS 

RANT 

PEA 

NAR 

OTH 



PP. ASSIST.) .. 
R PEACE 



S , 

OTAL , 

H t-LOANS...., 
FOR. CURR...., 

TOTAL , 

.EC.DEV 5 WFP, 

EF AGENCY 

CON. ASSIST.., 



CE CORPS. 
COTICS... 
ER 



3.5 
3.3 
5.5 

1.0 

O.D 
1.0 
0.0 
4.6 
3.0 
1.6 
3.0 
3.0 
0.0 



0.0 
0;0 



9.1 

4.0 
5.1 
0.3 
0.0 
0.3 
0.0 
5.7 
4.0 
1.7 
4.0 
4.0 
0.0 
1.7 
0.1 
1.6 
3.1 
0.0 
3.1 
3.1 
0.0 
0.0 



3.4 

0.0 
3.4 
0.3 
0.0 
0.3 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
3.1 
0.0 
3.1 
3.1 
0.0 
0.0 



II.MIL. ASSIST. -TOTAL... 

LOANS 

GRANTS 

A. MAP GRANTS 

3. CREDIT FINANCING.... 
:.INTL MIL.EO.TRMG.... 
3.TRAN-EXCESS STOCK... 
E. OTHER GRANTS 



0.0 
O.D 
0.0 
0.0 
0.0 
0.0 
O.D 
0.0 



0.1 
0.0 
0.1 
0.0 
0.0 
0.1 
0.0 
0.0 



0.1 

0.0 
0.1 

0.0 
0.0 
0.1 
0.0 
0.0 



III. TOTAL ECON. 

LOANS , 

GRANTS.... 



3 MIL... 



8.5 
3.0 
5.5 



9.2 
4.0 
5.2 



3.5 
0.0 
3.5 



OTHER US LOANS.... 
EX-IM BANK LOANS. 
ALL OTHER , 



O.D 
0.3 
0.0 



0.0 
0.0 
0.0 



0.0 
0.0 

0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1985 1986 



1946-86 



TOTAL 


22.5 


9.3 


5-3 


221.8 


IBRD 


0.0 


0.0 


0.0 


18.7 


IFC 


0.0 


0.0 


0.0 


2.1 


IDA 


21.5 


0.0 


5.3 


124.3 


IDB 


0.0 


0.0 


0.0 


0.0 


ADS 


0.0 


0.0 


0.0 


0.0 


AF03 


0.0 


1.1 


. 0.0 


37.5 


UNOP 


1.0 


3.7 


0.0 


30.5 


OTHER-UN 


0.0 


4.5 


0.0 


8.7 


EEC 


0.0 


0.0 


0.0 


0.0 



267 



SOMALIA 



Somalia has been ruled for the past 17 years by President 
Mohamed Siad Bar re, head of the armed forces and Secretary 
General of the Somali Revolutionary Socialist Party, the 
country's sole legal political party. The formal government 
structure includes a National People's Assembly, created in 
1980, and a Council of Ministers. The members of the Peoples 
Assembly were last elected on a single slate in December 1984 
with no provision for alternative or dissenting votes. The 
Council of Ministers is appointed by President Siad. The 
President also regularly convenes the party politburo, a close 
circle of advisers composed of the four or five most powerful 
ministers, who also represent the major clans and clan groups 
in Somalia. Informal and formal consultations between the 
leadership and clans and clan groups also have a major impact 
on internal politics. 

The ultimate source of the President's political authority is 
the military, which brought him to power in 1969. The police 
force performs day-to-day operations in maintaining civil 
order. These two uniformed services are augmented by the 
National Security Service (NSS), created in 1970, which has 
essentially unlimited powers of arrest, detention, and 
confiscation in matters deemed to involve national security. 

Somalia is a poor country with few natural resources. Most of 
its estimated population of 7.6 million earn a bare 
subsistence as herdsmen or farmers. The country's economy 
suffers from periodic drought and overcentralization. 
Recurrent conflict with Ethiopia has entailed heavy defense 
expenditures and a massive refugee problem. However, since 
1983 the Government has been introducing new policies to 
encourage development of the small private sector and to 
initiate financial reforms with the assistance of the 
International Monetary Fund, the World Bank, and the Agency 
for International Development. These reforms have had 
salutary effects on production and exports and have also 
lowered the inflation rate. 

There was no significant change in Somalia's human rights 
situation in 1986. Civil and political rights remain tightly 
circumscribed, and public criticism of the Government is not 
allowed. The Government shows little hesitation to imprison 
those it sees as a threat to security. Two antiregime 
organizations, operating out of Ethiopia, conducted infrequent 
military attacks against Somali Government and army 
establishments, primarily in northern Somalia. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, including 
Freedom from: 

a. Political Killing 

There were credible reports that an Isaak tribesman, a member 
of the antigovernment Somali National Movement, whom the 
Somalis concluded was working for Ethiopia, was executed 
without trial in March. Opposition groups were responsible 
for a few deaths or woundings of civilians in the course of 
their attacks on government establishments. While the 
opposition's avowed targets are the military, a recent change 
in tactics involves use of land mines, which have injured some 
civilians. Amnesty International's 1986 Report noted 



268 



SOMALIA 

unconfirmed reports of extrajudicial executions of unarmed 
civilians in 1985 by the security forces in areas of armed 
conflict . 

b. Disappearance 

There were no reported cases of disappearance. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

There are periodic but unsubstantiated allegations of the use 
of torture by police and security officials. For example, 
letters sent to President Siad Barre, Ambassador Ha j i Nur , and 
State Department officials allege that four detained Somali 
high school students were tortured before being sentenced to 
death in Hargeisa for unspecified charges in August 1986. 
There is evidence that authorities routinely apply rough 
treatment in order to obtain confessions from criminal 
suspects. Somali prisons are frequently unsanitary, and 
living conditions are harsh. According to Amnesty 
International's 1986 Report, political prisoners are 
reportedly held in harsh conditions in maximum security 
prisons, are denied contact with their families and, in some 
cases, are held in solitary confinement. Upon release from 
prison, some political prisoners have been restored to their 
old government jobs or have had new jobs created for them. 

d. Arbitrary Arrest, Detention, or Exile 

Despite constitutional provisions that accord Somali citizens 
the right to formal charges and a speedy trial, the criminal 
procedure code was modified in 1970 to exempt crimes involving 
national security from specific time limits and rules of 
procedure. Those arrested for expression of critical views of 
the Government may be charged with crimes against the State, 
such as sedition and conspiracy against the State, and held 
indefinitely without ever being brought to trial. The 
National Security Service is empowered to arrest without a 
warrant anyone suspected of a crime involving national 
security. There is no provision for bail in any but minor 
cases before the National Security Court. 

There are an estimated 300 to 500 political detainees, of whom 
at least 200 are being held without charge, including 6 former 
members of Parliament arrested in 1982, presumably for alleged 
coup plotting. There is no known movement toward trial in any 
of these cases. Some detainees are also held incommunicado 
for various lengths of time. The Government provides no 
information about the number of detainees. The Government 
does not practice exile. In January, President Siad Barre 
publicly offered amnesty to dissidents abroad who wished to 
return to Somalia. 

Compulsory labor is not permitted under the Somali labor 
code. However, occasional campaigns are organized by the 
Government or the party in which "voluntary" labor is used in 
cleaning up streets and is sporadically enforced by 
paramilitary youth units. Prisoners occasionally perform 
labor as part of their penal servitude. 



269 

SOMALIA 

e. Denial of Fair Public Trial 

The Somali judicial system includes civil/criminal courts, 
headed by a Supreme Court, and a separate National Security 
Court. Lawyers are permitted to represent suspects before the 
National Security Court, but proceedings are not always open 
to the public. In contrast, the civil and criminal courts are 
conducted openly. Although nominally independent, the 
judiciary is in fact not distinguishable as an institution 
from the executive. The results are subject to review and 
control by the executive. All judges in the Supreme Court and 
lower courts are appointed by the President with the advice of 
the Higher Judicial Council, of which the President is the 
chairman. The right to appeal exists in criminal and civil 
cases but not in cases heard by the National Security Court. 
In the civil and criminal courts, legal assistance is 
provided, and there are established rules of evidence. There 
are no religious courts in Somalia. In certain civil 
proceedings relating to family matters, such as marriage and 
inheritance, the judge may cite the Koran in rendering 
decisions . 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

"Mobilization Campaigns" are organized by the Somali 
Revolutionary Socialist Party to promote public participation 
in, and enthusiasm for, various civic and national programs, 
as well as general support for government policies. 
Participation in these campaigns is urged but not strictly 
enforced. Military press gangs are often used to provide 
"recruits" for the army. The National Security Service has 
the authority to search homes without warrants. This 
authority extends to monitoring communications and opening 
mail, although there is no evidence that such practices are 
broadly used. The NSS can effectively track the movements of 
persons through its comprehensive network of informants. Some 
more traditional families arrange marriages for their 
children, but the Government does not interfere with this 
facet of family life. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The Government forbids public expression of dissenting views. 
The media are owned and operated by the Government. There is 
one weekly newspaper, published in Arabic and Italian, which 
is privately owned but government controlled. The press 
disseminates only information and opinion acceptable to the 
Government. The Central Censorship Board retains control over 
all media including publications (foreign and local) 
circulated within the country, films, plays, concerts, and 
other means of communication, such as videotapes whether 
imported or produced in Somalia. In 1986 the only publication 
subject to frequent censorship was the magazine Africa Report 
published in New York. In the past, some Italian publications 
have been banned, as well as the quarterly journal Horn of 
Africa published in New Jersey by Somali and Ethiopian 
intellectuals who reside in the United States. One incident 
of censorship of the weekly magazine Newsweek occurred in 
1986, when a letter concerning Ethiopian refugees was blacked 
out of all issues distributed in the country. 



270 



SOMALIA 

b. Freedom of Peaceful Assembly and Association 

All nonreligious organizations and public gatherings are 
subject to government control or supervision. Protests 
against government policies are not permitted. In April a 
short-lived rally in favor of imposition of the Islamic 
Shari'a Law resulted in the arrest of nearly 100 participants. 

The country's single labor confederation, the General 
Federation of Somali Trade Unions (GFSTU) is government 
controlled and its members do not have the right to strike. 
Organizing a strike is punishable by the death penalty. The 
GFSTU 's main function is to monitor the work force and provide 
a conduit for worker grievances. The GFSTU is a member of the 
Organization of African Trade Union Unity and the 
International Confederation of Arab Trade Unions and 
participates in the International Labor Organization. 

c. Freedom of Religion 

Islam is the state religion of Somalia, and nearly 100 percent 
of the population is Muslim. The Government monitors the 
topics of sermons preached in the mosques and occasionally 
will arrest a religious leader whose text strays too far into 
political areas. The Government arrested Somalis and deported 
expatriates for Muslim Brotherhood activities, but contends 
that the Brotherhood which seeks to apply Islamic tenets to 
politics, is a secular, not a religious, organization. 
Somalis are free to participate in the Hajj, and many do so 
annually. Members of other religions may freely practice 
their faiths, but proselytizing is not permitted. 

In June there were credible but unconfirmed reports that the 
Government arbitrarily arrested some Islamic "extremists" and 
accused them, among other things, of using religion to incite 
people against the security of the State. These "extremists" 
were reported to be radical Shia. (Somalis are predominantly 
of the Sunni sect of Islam.) 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Internal travel is not formally restricted but is controlled 
through police and military checkpoints in towns, border 
areas, and regions noted for interclan violence. Although any 
Somali citizen can obtain a passport, the Government denies 
exit visas to categories of people it prefers to keep in 
country, such as young men of military age and to those under 
police surveillance. Emigration is permitted for all but 
government employees. Somalis who have gone abroad are not 
restricted from repatriation. Those who have been involved in 
dissident activities against the regime may face questioning 
or imprisonment upon their return, although some returning 
dissidents who have renounced their opposition to the regime 
have been welcomed back and provided with government jobs. 

Somalia provides a home to a much disputed number of refugees 
from. Ethiopia. Estimates range from the Government's figure 
of' 800,000 down to 350,000. Most are ethnic Somalis. In 1986 
there was an increase in the number of non-Somalis seeking 
refuge in Somalia. The Oromos who fled to Somalia state that 
they were fleeing from the Ethiopian Government's 
villagization and collectivization policies. The Somali 
Government officially welcomes refugees to stay or to return 



271 



SOMALIA 

to Ethiopia as they wish. Real obstacles to voluntary 
repatriation, beyond the lack of agreement with Ethiopia, do 
exist, but some observers believe the Somali Government may be 
using the issue of repatriation as a tool in its long-running 
conflict with Ethiopia. Limited repatriation, assisted by the 
United Nations High Commissioner for Refugees, has begun; and 
about 1,000 refugees have returned to Ethiopia. The increase 
in the number of non-Somalis has created some ethnic tension 
in the northern region. These recent arrivals for the most 
part, like other non-Somalis displaced into Somalia, are not 
allowed to assimilate into the Somali population. 

The Somali Government recently issued approximately 60 travel 
documents to refugees in Somalia who qualified for 
resettlement in the United States. These persons had been 
waiting for at least 2 years for this documentation. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

President Siad Barre rules Somalia and controls political 
participation through a single legal political party, the 
Somali Revolutionary Socialist Party. The party directs 
participation in Somali political affairs by individuals and 
organizations, such as the General Federation of Somali Trade 
Unions, the Somali Women's Democratic Organization, and the 
Somali Revolutionary Youth Organization. Voting for the 
People's Assembly entails only a vote for or against the 
party's national slate, although one need not necessarily be a 
member of the party to be included as a candidate on the 
slate. President Siad Barre, the sole candidate for 
president, was reelected to another 7 year term on December 
23. There is no legal opposition to the Government, and 
public criticism of its policies is forbidden. Somalia has 
only one indigenous ethnic group, the Somali, which is 
subdivided into clans and clan groups. Although the country 
is ethnically and linguistically homogeneous, clan divisions 
have a great impact on domestic politics. President Siad 
recognizes the continuing strength of the traditional, 
clan-based political coalitions, and government officials 
frequently hold formal and informal consultations with various 
clan leaders. President Siad has used clan politics to 
maintain his rule by placing members of his own clan, the 
Marehan, in key positions. He is conscious of clan 
constituencies, and members of other clans also occupy 
important positions. Clan identification is very strong, and 
for many Somalis, the traditional clan system is the accepted 
vehicle of political expression. Clan politics and clan 
rivalries occasionally erupt into violence. 

Women and minorities participate in politics and government. 
The Somali Women's Democratic Organization, though subordinate 
to the party, has advocated greater political participation 
and mobilization for women. A number of women are members of 
the People's Assembly. Other women occupy relatively 
important positions in various ministries. Several vice 
ministers and one ambassador are women. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Somali Government has refused requests by foreign 
officials and human rights organizations to visit political 
prisoners, and it has not responded to requests from various 



272 



SOMALIA 

governments and organizations, such as the International 
Parliamentary Union, to release the six parliamentarians who 
have been detained without charge since 1982. In November 
1985 Amnesty International proposed a visit of inquiry to 
Somalia. At the end of 1986, the Government had not yet 
responded to that request. The International Committee of the 
Red Cross (ICRC) has a representative in Somalia and is 
allowed visits to prisoners of war from the 1977-78 Ogaden 
Conflict. The Somali Government requires that witnesses be 
present at ICRC interviews. There has been no repatriation or 
exchange of these prisoners of war, although the Governments 
of Ethiopia and Somalia discussed the issue during 1986. 
There are no Somali organizations which actively address human 
rights issues. In international forums, official Somali 
remarks on human rights are usually restricted to general 
statements and criticism of human rights practices in 
Ethiopia . 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

While there is no overt discrimination of economic benefits 
among the various clans and clan groups in Somalia, members 
of certain clans with good political connections in the 
Government have been able to capitalize on the current 
economic liberalization. There is no discrimination regarding 
access to education and health services on clan or ethnic 
basis, although these social services are generally available, 
if at all, only in larger urban areas of the country. 

While they have considerable inheritance and ownership rights, 
Somali women suffer from traditional discrimination in work 
and family matters. Long-established practices, such as 
female circumcision, remain prevalent despite Government 
opposition. Dowries and "wife buying" are also prevalent in 
the more traditional rural areas. 

CONDITIONS OF LABOR 

Somalia has comprehensive labor legislation which establishes 
minimum safety and health conditions for the workplace. These 
are applicable to the modern, or cash, sector of an economy 
which is predominantly pastoral and agricultural. The minimum 
age for employment of children is 15, and persons under 18 
years of age are not permitted to work at night or in certain 
hazardous occupations. However, there is considerable child 
labor on the margins of the economy. Children sell cigarettes 
on the street, carry bags in the market, and watch and clean 
cars to support themselves and supplement family incomes. The 
established workday is 8 hours a day, with a total of 48 hours 
per week, and overtime hours can be limited. Workers are 
entitled to paid holidays, annual leave, and holiday bonuses. 
However, the salary scale is extremely low, especially in the 
public sector. The average salary of a civil servant is 
roughly $15 per month. Workers resort to second jobs, 
bribes, misuse of public funds, assistance from other family 
members, and remittances from abroad to support themselves and 
their families. Productivity in the public sector is 
extremely low, and many civil servants make minimal 
appearances in their offices. A civil service reform is 
beginning, through which it is projected public sector jobs 
will be cut by attrition and salaries increased. 



273 



U.S.OVHRSE45 -LOANS AND GRANTS- 03LIGATI0NS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COUNTRY: SOMALIA 



1984 



1985 



1986 



I.5C0N. 
LO 
&R 
A. AID 
LO 
GR 
(SEC 
3. FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
5.REL 
VCL.R 
C.OTHE 
LO 
GR 



ASSIST. -TOTAL. 

ANS 

ANTS 



ANS 

ANTS 

.SU'P. ASSIST.) ... 

FOR PEACE , 

ANS 

ANTS 

I-TOTAL , 

. IN $-L0AN3...., 

IN FOR. CURR 

II-TCTAL , 

lEF.EC.DEV i HFP. 

ELIEF AGENCY 

R ECON. ASSIST.., 

ANS , 

ANTS 

PEACE CORPS 

NARCOTICS , 

OTHER , 



II.MIL. ASSIST. -TOTAL, 

LOANS , 

GRANTS , 

A. MAP GRANTS , 

3. CREDIT FINANCING., 
:.INTL MIL.E0.TRN3., 
O.TRAN-EXCESS STOCK, 
E. OTHER GRANTS , 



III. TOTAL ECON. S '^IL, 

LOANS , 

GRANTS 



81.7 


82.7 


44.5 


16.0 


20.0 


CO 


65.7 


62.7 


44.5 


50.6 


51 .0 


44.5 


0.0 


0.0 


0.0 


50.6 


51.0 


44.5 


35.0 


30.0 


22.0 


31.1 


31 .7 


0.0 


16.0 


20.0 


0.0 


15.1 


11.7 


0.0 


16.0 


20.0 


0.0 


16.0 


20.0 


0.0 


0.0 


0.0 


0.0 


15.1 


11.7 


0.0 


15.1 


11.7 


0.0 


O.G 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


O.Q 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


33.0 


34.1 


20.2 


0.0 


0.0 


0.0 


33.0 


34.1 


20.2 


32.0 


33.0 


19.1 


0.0 


0.0 


0.0 


1.3 


1.1 


1.1 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


1U.7 


116.8 


64.7 


16.0 


20.0 


0.0 


93.7 


96.8 


64.7 



OT-l£R US LOANS. .. , 
EK-IH BAN< LOANS, 
ALL OTHER 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INTERNATIONAL AGENCIES 
19S4 1985 1986 



1946-86 



TOTAL 


35.3 


51.5 


34.3 


532.2 


IB^D 


3.0 


0.0 


0.0 


0.0 


IFC 


3.0 


0.6 


0.0 


1.0 


IDA 


31.5 


20.6 


34.3 


28?. 3 


ID3 


3.0 


0.3 


0.0 


0.0 


AD3 


0.0 


0.0 


0.0 


0.0 


AFDB 


3.0 


27.9 


. 0.0 


83.9 


uinp 


1.3 


2.7 


0.0 


60.7 


OHER-UN 


5.0 


O.'O 


0.0 


13.3 


Es: 


0.0 


0.0 


0.0 


78.5 



274 



SOUTH AFRICA 



South Africa is a multiracial society whose laws codify the 
doctrine of apartheid, which prescribes the basic rights and 
obligations of people according to their racial or ethnic 
origin. The country's black majority (72 percent of its 
population) continues to suffer from pervasive, legally 
sanctioned discrimination based on race in political, economic, 
and social aspects of life. The "colored" (mixed-race) and 
Asian minorities also suffer from extensive racial 
discrimination, although to a somewhat lesser degree than 
South Africa's black population. Currently, the political 
rights of the black majority are confined to participation in 
tightly controlled urban councils in the country's black 
residential areas ("townships") and through the 10 government- 
designated tribal areas known as "homelands." Blacks have 
been excluded from even the limited political changes that 
have been made under South Africa's new Constitution, 
implemented in 1984, which features a racially based 
tricameral Parliament with a dominant white House of Assembly, 
a colored House of Representatives, and an Asian House of 
Delegates. The respective groups are represented in 
Parliament on a racial ratio of 4/2/1 — white/colored/Asian. 
Blacks do not have the right to vote in national elections and 
have no representation in Parliament. 

In 1986 there was a major deterioration of human rights in 
South Africa. Throughout the year, political discontent and 
violence persisted in the nation's black and colored townships. 
Following the July 1985-March 1986 State of Emergency, the 
Government imposed a new State of Emergency on June 12, 1986, 
which remained in effect at the end of the year. Under both 
States of Emergency, police and military exercised 
extraordinary arrest and detention powers. Furthermore, 
legislative amendments passed in 1986 gave the executive branch 
broad emergency powers without the need for a declaration of a 
State of Emergency. 

The South African Institute of Race Relations (SAIRR) reported 
Ohat 1,263 people had died as the result of political unrest 
from January to November. Most of the deaths occurred in the 
first half of the year, prior to the imposition of the second 
State of Emergency. By the end of 1986, human rights groups 
estimated more than 20,000 people had been detained under this 
second State of Emergency. An estimated 10,000 remained in 
detention at the end of the year. The Black Sash, an 
antiapartheid organization, estimated up to 1,800 of those 
detainees were under the age of 18, including many children 
15 years of age or younger. Leaders of the opposition United 
Democratic Front (UDF), a coalition of more than 600 
antiapartheid groups, and various black trade unions were 
special targets for detention under the latest State of 
Emergency. Throughout the State of Emergency, there were 
widespread reports of continuing officially sanctioned acts of 
violence against dissidents, despite the State President's 
public call in June for good behavior by security forces. 

The banned African National Congress (ANC), most of whose 
leadership is in exile, imprisoned, or operating underground 
within South Africa, proclaimed 1986 as a year of intensified 
armed struggle against the apartheid system. In 1986 the ANC 
claimed responsibility for a number of acts of urban terrorism 
and landmine explosions in rural areas, although it often 
equivocated on its responsibility for incidents which involved 
civilian deaths. The ANC also called on blacks to overthrow 
the apartheid regime by concerted acts of violence, notably 



275 



SOUTH AFRICA 

against black police and township officials, to make the 
townships ungovernable. ANC leader Nelson Mandela, imprisoned 
after being convicted for sabotage in 1964, continued to serve 
a life sentence, despite repeated domestic and international 
calls for his release. In 1986 the Government reiterated its 
earlier position that it would release Mandela only if he 
renounced violence. 

Other opponents of apartheid, such as young black activists in 
the townships, also advocated and engaged in violent attacks 
on black township officials and others suspected of 
"collaborating" with the Government. Many blacks were 
attacked by activists attempting to enforce protest activities 
such as school or consumer boycotts. 

The Government imposed progressively harsher curbs on the 
media throughout the year to prevent the reporting of political 
unrest and antigovernment activities. In December the 
Government tightened existing emergency regulations to prohibit 
reporting on a variety of politically related topics without 
clearance by state censors. 

In the first half of 1986, Parliament enacted some changes in 
the apartheid system. These changes included abolition of 
influx control or "pass" laws, which for years extensively 
regulated the right of South African blacks to be present in 
urban areas. Parliament passed legislation permitting some 
blacks to regain the South African citizenship they had lost 
involuntarily in previous years when some homelands were given 
"independence." The Government also introduced a freehold 
system of land ownership for blacks, permitting them to own 
residences in urban areas designated for blacks under the 
Group Areas Act. Notwithstanding the reforms, race still 
remains the fundamental basis for the organization of South 
African society. Discriminatory laws and practices remain 
woven throughout the fabric of South African life. 

In November the Indaba — a constitutional convention of leaders 
of all races from the province of Natal and the homeland of 
KwaZulu — issued a far-reaching proposal for a new unified 
governmental structure for Natal/KwaZulu . The proposal 
included a bill of rights with firm constitutional guarantees 
of individual liberties and a universal franchise. The 
Government had not commented on the proposal by the end of the 
year, but the Indaba leaders planned to present it formally to 
the Government for approval and hold a referendum among the 
people of Natal and KwaZulu. 

A serious economic downturn since 1984 has been a significant 
factor in generating political unrest. Some economic 
indicators in mid-1986 pointed to a modest improvement in the 
country's growth rate. The Government has estimated that an 
annual real growth rate of 5 to 6 percent is necessary for the 
economy to absorb the approximately 250,000 black entrants to 
the labor market each year. An even higher rate of growth 
would be necessary to reduce present black unemployment, which 
private observers estimate at 25 percent or more. 

In May the South African Defense Force (SADF) launched 
simultaneous air raids on alleged ANC training camps in 
Botswana, Zimbabwe, and Zambia. In addition, attacks were 
made against Lesotho and Swaziland which were widely believed 
to have been launched by South African commandos. Several 
people, including refugees under the protection of the United 



276 



SOUTH AFRICA 

Nations High Commissioner for Refugees (UNHCR) , were killed or 
injured in these raids. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

Political violence in South Africa continued in 1986. The 
SAIRR reported 1,263 unrest-related deaths from January to 
November, an increase over the 1985 total of 879 deaths. Most 
of the deaths occurred in the first half of 1986. There was a 
marked decrease in the niamber of unrest-related deaths 
following the imposition of the State of Emergency. In 
December the SAIRR said that conflict within the black 
community accounted for 45 percent of all political fatalities 
in 1986; deaths at the hands of security forces, 33 percent; 
deaths in unclear political circumstances, 12 percent; 
insurgency-related deaths and casualties among security 
forces, 10 percent. 

Police often qiaelled demonstrations with excessive force, 
utilizing tear gas, birdshot, whips, and rubber bullets, and, 
at times, live ammunition. On March 26 police in 
Bophuthatswana (one of four so-called "independent" homelands) 
opened fire on a group of several thousand demonstrators in 
Winterveldt, near Pretoria, killing at least 11 people. 

While many unrest-related deaths occurred as a result of 
police action, a sizable number of killings resulted from 
internecine political strife within the black community. In 
August the Government Bureau of Information said that there 
were more than 300 deaths by burning alone as a result of 
"black-on-black" violence from January through mid-June of 
1986. Many of these deaths involved the notorious "necklace," 
in which a gasoline-soaked automobile tire is placed around 
the victim's neck and then lighted. In April authorities in 
the Lebowa homeland found the remains of more than 30 victims 
of suspected black-on-black violence in shallow graves in 
Sekhukuneland. It was not clear whether these killings were 
politically motivated. As of the end of 1986, they were still 
unsolved. Many were killed in clashes between supporters of 
different political factions, such as Inkatha, the Azanian 
Peoples' Organization (AZAPO) , and the UDF. 

Some critics of the Government have claimed that much 
black-on-black violence was instigated by covert government 
agents. In some instances, most notably in fighting in May 
and June in the "Crossroads" scruatter camps in Cape Town, 
there was ample evidence to support this charge. Early in the 
year, residents of the black township of Alexandra (near 
Johannesburg) furnished affidavits in which they said that 
known police officers had participated in fire bomb incidents 
in the township. The Government supports vigilante groups 
that ostensibly ensure neighborhood safety, and, in some cases 
of unrest, the police have stood aside to let armed vigilante 
groups subdue dissidents. In the KwaNdebele homeland, a late 
member of the leadership allegedly led gangs who attacked 
groups opposed to the acceptance of independence for that 
homeland. In January there were reports that police observed 
a violent incident in which UDF leader Ample Mayisa was 
murdered in the Transvaal township of Leandra but did nothing 
to prevent it. On December 1, unidentified gunmen in the 



277 



SOUTH AFRICA 

Pretoria township of Mamelodi assassinated Dr. Fabian Ribeiro 
and his wife. Both were known for their opposition to the 
Government. Circumstantial evidence pointed to the possible 
involvement of elements of the government security 
establishment in these killings, which remained unsolved at 
the end of 1986. 

As in prior years, 1986 saw a continuation of the serious 
problem of suspicious deaths while in police custody. In 
April Lucky Kutumela, a journalist and member of the AZAPO, 
died in police custody of head injuries only hours after being 
taken into detention. Also in April, Peter Nchabaleng, a 
Transvaal provincial official of the UDF, died in the custody 
of the Lebowa homeland police. Authorities claimed he 
suffered a sudden heart attack, but family members said that 
Nchabaleng, 59, was in good health at the time of his arrest 
and had no history of heart difficulties. As of the end of 
1986, the Government had not undertaken prosecutions in either 
of these cases. Several other deaths of detainees occurred 
during 1986, although not all involved political figures. 
Simon Marule, a 20-year-old detainee, died while in custody in 
December of what police described as an epileptic seizure, but 
his family claimed that he had no history of epilepsy. Some 
of the deaths of detainees were reported suicides. South 
African human rights groups have pointed out that, of 89 known 
deaths in detention since 1963, at least 29 have been 
attributed to suicide. 

The ANC, a revolutionary organization that openly advocates 
the overthrow of the apartheid regime, encouraged violent 
activity throughout the year but often equivocated or was 
silent on the question of responsibility for individual 
terrorist incidents. Following a car bomb blast in Durban in 
mid-June that killed three, the ANC declined comment on what, 
if any, responsibility it had for the incident. It equivocated 
with regard to a number of other urban terrorist incidents and, 
with regard to still others, denied involvement. As in 
previous years, in 1986 the ANC primarily targeted offices and 
installations involved with the administration of apartheid 
(so-called "hard" targets), although it did hit some civilian 
or "soft" targets. 

In 1986 the ANC continued with its 1985 strategy of blurring 
the distinction between hard and soft targets. While ANC 
rhetoric from overseas broadcasts urged a spread of violence 
to white areas, officials of the organization disavowed a 
strategy of deliberately hitting civilian targets, but said 
that the involvement of civilians as "crossfire" victims was 
inevitable. In August the ANC acknowledged responsibility for 
a landmine attack in the eastern Transvaal. The ANC takes the 
position that white farmers in northern border areas of South 
Africa constitute part of the Government's security 
establishment. In April a court in Durban convicted Andrew 
Zondo, an admitted ANC supporter, of five counts of murder in 
connection with a December 1985 shopping center bomb blast in 
Amanzimtoti, near Durban. Zondo received the death sentence. 
After exhausting judicial appeals, he was executed in 
September . 

Many casualties in black township political violence were due 
to attacks by radical blacks on township government officials, 
black policemen, and other suspected "collaborators." These 
attacks were probably at least partly inspired by the ANC, 
which has called on blacks to render the townships ungovernable 
and to attack so-called collaborators in the black community. 



278 



SOUTH AFRICA 

The Pan-Af ricanist Congress (PAC), another antiapartheid 
organization in exile, also advocated violent opposition to 
the South African Government. In addition, many blacks in 
South Africa espoused or condoned violent opposition to 
apartheid. In April Winnie Mandela, wife of jailed ANC leader 
Nelson Mandela, said in a speech: "With our boxes of matches 
and our necklaces, we shall liberate this country." Many 
young black activists in the townships (so-called "comrades") 
were responsible for numerous acts of violence and 
intimidation. In several instances, they killed or seriously 
injured blacks who they believed were not complying with such 
protest activities as school or consumer boycotts. Frequently, 
the distinction between politically motivated violence and 
common crimes has been blurred where criminal elements in the 
townships with no political motivation have posed as 
"comrades . " 

b. Disappearance 

In recent years many people have disappeared, reportedly into 
police custody, for long periods. Some, missing for very long 
periods of time, are suspected by friends and associates to 
have been killed by security forces. South African law does 
not require notification of an individual's family, lawyer, or 
any other person in the event of his detention or arrest. The 
second Police Amendment Act of 1980 prohibits the unauthorized 
publication of the name of any person detained where "the 
prevention of or combating of terroristic activities" is the 
reason for the detention. 

In the weeks following the Government's June 12 State of 
Emergency declaration, various human rights groups estimated 
the number of "disappeared" persons at 12,000 or more. 
Because the Government, for a period of more than 2 months, 
would not release the names of detained persons, human rights 
groups, families of missing persons, and lawyers were unable 
to distinguish between "detained" and "disappeared" persons. 
In August the Minister of Law and Order tabled a list of 8,553 
State of Emergency detainees in Parliament. Several weeks 
later, a supplemental list of 786 persons was added. These 
lists only included detainees held for at least 30 days. As 
of the end of 1986, this constituted the Government's only 
official public accounting of emergency detainees. The 
opposition Progressive Federal Party (PFP) and human rights 
monitoring groups estimated that substantial ' .mbers of 
detainees were not named by the Government in the August list, 
claiming that by mid-August the Government had detained between 
10,000 and 12,000 persons under the emergency. While 
government spokesmen say that family members were routinely 
informed of emergency detentions, in practice this did not 
occur in numerous instances. 

Following the June 12 emergency declaration, many black 
activists reportedly left the country surreptitiously or went 
into hiding to avoid detention. These circumstances further 
complicated the task of accurately accounting for the many 
persons who reportedly disappeared after June 12. Government 
press curbs imposed in December prohibited news reporting on 
detention cases and on unresolved litigation concerning 
detentions without prior government clearance, which rendered 
the task of accounting for missing persons still more 
problematic . 



279 



SOUTH AFRICA 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Security legislation, in particular the Internal Security Act, 
allows police considerable latitude and generally unsupervised 
discretion in the arrest and detention of suspects and in the 
interrogation of detainees. The Act allows for lengthy periods 
of detention during which authorities are not obliged by law to 
present formal charges. Such detentions are a frequent 
occurrence and offer considerable potential for police abuse 
of detainees. State of Emergency regulations exempting law 
enforcement officials from both criminal and civil liability 
for "good faith" acts undertaken in enforcing both States of 
Emergency were cited by many observers as giving police the 
impression that they have a license to engage in abusive 
conduct . 

In 1986 many persons who had been released after being detained 
under State of Emergency and security legislation regulations 
gave accounts of beatings and other abuses by police. They 
reported that they had been held in solitary confinement during 
their detention. Others gave accounts of torture by police, 
including applications of electric shocks to hands, feet, and 
genitals. Most of the latter cases allegedly occurred during 
and immediately following arrest and often appear to be the 
result of poor discipline on the part of police officials. 
The chances of physical abuse taking place appear to diminish 
once a detainee is processed and made part of the general 
inmate population. Instances of abuse in prisons, while not 
unheard of, appear to happen with much less frequency than is 
the case at police stations. At the end of 1986, the Detainee 
Parents' Support Committee (DPSC) released a report in which a 
medical panel it sponsored had surveyed approximately 500 
released detainees under both States of Emergency. The 
survey's preliminary findings indicated that 83 percent showed 
signs of some physical abuse. 

In August the Southern African Catholic Bishops' Conference 
brought an application in the Supreme Court alleging that its 
Secretary General, Father Smangaliso Mkhatshwa, had been 
tortured by security forces while held in State of Emergency 
detention. Available evidence suggested that Father 
Mkhatshwa 's allegations of physical abuse were true. In 
response to this application, the Government agreed that its 
personnel would refrain from physical abuse of Father 
Mkhatshwa, without admission of any such abuse. The Government 
has permitted Supreme Court judges to visit State of Emergency 
detainees in prisons and in police cells. Government press 
regulations issued in December banned reporting on conditions 
of detention without prior government clearance. 

In a June 12 televised address on the State of Emergency, the 
State President said that security forces "are the friends of 
each peace-loving and law-abiding citizen of this country. 
The Government expects them, at all times, to act in such a 
way that there could be no doubt of this." For the most part, 
the Government has undertaken no serious public effort to hold 
erring police and other security force members accountable for 
apparent abuse of detainees. In 1986 two policemen were 
convicted of assault arising out of a 1985 attack on Natal 
Indian Congress Official Billy Nair, which took place in 
September 1985 while Nair was in detention. In March police 
in the Lebowa homeland assaulted an American citizen, Beth Ann 
Burr is, while breaking up a meeting at a church with whips and 
tear gas. The available evidence indicated that Ms. Burris 



66-986 0-87-10 



280 



SOUTH AFRICA 

was an innocent bystander who fell victim to random and brutal 
police conduct. While she pursued criminal charges against 
the police, Lebowa authorities obstructed this effort. In May 
a court in the Eastern Cape convicted one black security police 
officer of murder and another of assault in connection with 
attacks on young blacks. 

d. Arbitrary Arrest, Detention, or Exile 

The Internal Security Act authorizes the Minister of Law and 
Order to order detention without trial for varying — in some 
instances potentially unlimited — periods of time. In 1986 
amendments to the Internal Security Act introduced a new form 
of preventive detention of up to 180 days which could be used 
in "unrest situations." The Minister of Law and Order himself 
must personally issue "preventive detention" orders under 
section 28 of the Act. Senior police officials have broad 
powers to detain people for interrogation under Section 29 of 
the Act when offenses such as terrorism, sabotage, or inciting 
a revolution are suspected. Access to Internal Security Act 
detainees is severely restricted. In May the Appellate 
Division of the Supreme Court ordered the release of several 
Internal Security Act detainees under Section 28 of the Act, 
holding the terms of the detention orders to be insufficient 
to make out a proper case of risk to the security of the state 
under the Act. This and other court decisions, while holding 
that the Government improperly detained numerous persons, 
nonetheless implicitly sanctioned Internal Security Act 
detentions when done in strict compliance with the Act. 

Invoking the Public Safety Act of 1953, the Government imposed 
a new State of Emergency June 12, 1986, which remained in 
force at the end of the year. Many observers characterized 
the latter State of Emergency as a more draconian version of 
the July 1985 emergency declaration. Under the June 1986 
emergency, in effect nationwide, SADF members and police 
officers down to the rank of constable were empowered to 
detain persons for a period of 14 days. At the expiration of 
this period, the Minister of Law and Order could extend the 
detention for an indefinite period of time, limited only by 
the duration of the State of Emergency. Following the 
emergency declaration, the Government made immediate and 
widespread use of these powers, arresting thousands and 
detaining them without criminal charges. Black trade union 
officials and members of the UDF were particular targets. 

At the end of 1986, the DPSC estimated total emergency 
detentions since June 12 at approximately 20,000. The Black 
Sash organization said up to 1,800 of the detainees were under 
the age of 18, including many children 15 years of age or 
younger. The Government admitted in December that 256 children 
under the age of 16 were in detention, but did not say how 
many detainees between the ages of 16 and 18 were being held. 
In addition, more than 2,400 people were reportedly detained 
under non-State of Emergency security legislation during the 
first 9 months of 1986, 181 of whom were still in custody as 
of the end of September. Amnesty International's 1986 Report 
estimated that 2,000 of those detained in 1985 under the first 
State of Emergency were under 16 years of age. 

While no accurate statistics are available, it is believed 
that a majority of detainees under the first State of Emergency 
(an estimated total of more than 10,000 persons in 7 1/2 
months) were not charged with criminal offenses. Similarly, 



281 



SOUTH AFRICA 

most persons detained under the June 12, 1986 State of 
Emergency have not been criminally charged. 

Many political figures, community activists, lawyers, 
churchmen, trade union officials, journalists, and others were 
detained under the June 12 State of Emergency. Prominent 
figures among the emergency detainees were: Richard Ramodipa, 
Executive Board member. Black Lawyers' Association; Saths 
Cooper, President, AZAPO; Phiroshaw Camay, General Secretary, 
Congress of Unions of South Africa; Zwelakhe Sisulu, Editor, 
New Nation newspaper; Father Smangaliso Mkhatshwa, Secretary 
General of the South African Catholic Bishops' Conference; and 
Bishop Sigisbert Ndwandwe of the Anglican Church. Ramodipa, 
Cooper, and Camay were freed at the end of August and Bishop 
Ndwandwe in September without criminal charges being filed 
against them. Sisulu was released in July but rearrested in 
December. The Labor Monitoring Group (LMG), which gathered 
statistics on State of Emergency detentions of unionists, said 
in late August that 333 trade unionists remained in State of 
Emergency detention, while a grand total of 2,775 union 
members were detained at one time or another since June 12. 
LMG figures indicated that 79 percent of labor detainees were 
affiliated with the black membership of the Congress of South 
African Trade Unions (COSATU). 

Arbitrary arrests also occurred frequently in the so-called 
"independent" homelands, which have security legislation 
comparable to South Africa's, and whose law enforcement 
officers cooperate closely with the South African police 
establishment. In November Dean Simon Farisani of the 
Evangelical Lutheran Church was detained in Venda . He remained 
in custody without being charged as of the end of 1986. Police 
held him incommunicado, despite requests for visits by his 
family and legal representatives. 

Foreign nationals enjoyed no immunity from arbitrary emergency 
detention. For example, in June security police in Nylstroom, 
Transvaal, detained Charles Zechman, an American citizen 
missionary. Zechman was held in solitary confinement for 30 
days, was refused visitors (except for two consular visits), 
and was later released without being charged, but with the 
condition that he depart promptly from South Africa. 
Similarly, in June Pretoria police detained Annica van 
Gylswyck, a Swedish citizen with permanent residence in South 
Africa and a prominent figure in the Black Sash antiapartheid 
organization. Following 5 weeks in solitary confinement, 
police presented Mrs. van Gylswyck with an ultimatum to depart 
the country or face 180 days in detention to be followed by 
unspecified criminal charges. Both Mr. Zechman and Mrs. van 
Gylswyck departed South Africa following their respective 
releases. 

The Internal Security Act also authorizes the Minister of Law 
and Order to issue "banning" orders. Under such orders, any 
person judged by the Minister to be endangering law and order, 
threatening state security, or promoting the aims of communism 
or an unlawful organization can be (1) made to resign as an 
officer or member of any organization; (2) restricted to or 
excluded from certain areas; (3) prohibited from meeting with 
more than one person at a time; (4) ordered to report regularly 
to a police station; and (5) prohibited from being quoted or 
published. Courts cannot challenge the Minister's power to 
issue banning orders, although they may inquire into the 
technical validity of banning orders. According to the SAIRR, 
over 1,400 South Africans have been banned at some time since 



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1950. Prominent among "banned" persons at the inception of 
1986 was Winnie Mandela, wife of jailed ANC leader Nelson 
Mandela. By July the Government conceded that no restriction 
order of any kind was in effect with regard to her. In March 
the Government banned two Eastern Cape political activists, 
Henry Fazzie and Mkhuseli Jack. They remained under house 
arrest-style restrictions for some 10 days, until a court 
invalidated the banning orders. In 1986 the Government lifted 
longstanding banning orders against Rowley Arenstein, a Durban 
lawyer, and against Mathatha Tsedu, a black journalist and 
trade unionist. As of the end of 1986, local human rights 
groups said that there were no persons technically "banned" 
under the Internal Security Act. However, numerous State of 
Emergency detainees, while not technically "banned" under 
security legislation, were released from detention subject to 
restrictions on their movements and on their involvement in 
political matters. Still others were not detained but were 
placed under State of Emergency "restriction orders" which 
seriously curtailed their antigovernment activities. 

Forced labor is not used in South Africa as a means of 
political coercion or education nor as a sanction against 
political or ideological opinions. A 1984 International Labor 
Organization (ILO) report noted, however, that under the 
Prisons Act of 1959, the Commissioner of Prisons can "contract 
with any authority or public body or with a person or body of 
persons for the hiring and employment of prisoners under 
sentence." The report further noted that a large portion of 
the prisoners designated for such work were blacks convicted 
of pass law offenses, and that the agricultural sector made 
the greatest use of this convict labor. In 1986 the Government 
announced there were no more pass offenders in its prisons, a 
fact that human rights monitoring groups confirmed. In June 
1986, the Government announced that all convict labor would be 
phased out by September 30. 

e. Denial of Fair Public Trial 

The power of the South African judiciary at all levels is 
circumscribed by stringent security legislation and by the 
jurisprudential principle of parliamentary sovereignty, under 
which judges possess no authority to alter, strike down, or 
refuse to enforce properly enacted Acts of Parliament. All 
judges of South Africa's Supreme Courts are white, as are the 
vast majority of its magistrates. 

South Africa has an adversarial system of criminal justice 
drawn from a mixed heritage of Roman-Dutch and British 
jurisprudence. Trials of lesser offenses are heard by 
magistrates, who are career employees of the civil service in 
the executive branch. More serious offenses, including 
capital crimes, are tried in the Supreme Courts. 
Determinations of guilt or innocence are made by the presiding 
judge or magistrate. There are no juries. Judges in capital 
and other serious cases are empowered to appoint two 
"assessors," who serve as factfinders and who have the power 
to veto the presiding judge on the final verdict. Persons 
charged with common crimes are presumed innocent until proven 
guilty, although Parliament has modified this general 
presumption of innocence for many security offenses. The 
Internal Security Act effectively places the burden of proof 
of innocence on an accused for a number of offenses enumerated 
in the Act. Both security-related and common crimes cases are 
tried in civilian courts. 



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While South Africa's Supreme Courts are generally viewed as 
politically independent, critics of the system regard 
magistrates (who are often former government prosecutors) as 
strongly progovernment in their orientation. Judges of the 
Supreme Court are appointed to the bench by the State 
President. Their service is until age 70, and they cannot be 
removed from office except by impeachment by Parliament. By 
tradition. Supreme Court judges are appointed to the bench 
from the ranks of the elite corps of South African Supreme 
Court practitioners ("advocates"). While Supreme Court judges 
are believed to demonstrate considerably more intellectual and 
political independence than do magistrates, critics have 
charged that some Supreme Court judges tend to side with the 
Government in politically sensitive cases and are specifically 
selected by the Government to preside over these cases. The 
weeks following the State of Emergency declaration in June saw 
a spate of legal challenges to both the State of Emergency and 
to the legality of the detention of persons under State of 
Emergency regulations. In September the South African Supreme 
Court, Appellate Division (the nation's highest court), ruled 
that provisions of regulations promulgated by the executive 
under the State of Emergency complied with the relevant 
enabling statute, the Public Safety Act of 1953. There were 
numerous technical challenges throughout the country to various 
State of Emergency detentions during the second half of 1986, 
some of which succeeded. 

Defendants in criminal cases have the right to counsel. If a 
person cannot pay for his or her defense, limited funds for 
legal assistance are available through the government-supported 
legal aid fund and through various private organizations. 
These sources, however, are insufficient to meet the needs of 
all indigene defendants. Courts usually appoint counsel in 
capital cases where the defendant cannot afford his or her own 
lawyer. Security trials are often held in remote locations, 
far from metropolitan areas. Because of case backlogs, 
postponements, and the practice of hearing cases concurrently, 
criminal trials can sometimes take months, even years, to 
complete. This is particularly true in security cases. 

In January the Government began its prosecution of what many 
termed the most significant security/political trial of a 
generation, involving high treason, murder, and other security 
charges against 22 defendants, members of the UDF, AZAPO, and 
various black civic organizations. In November the Supreme 
Court, Transvaal Provincial Division, dismissed all charges 
against three defendants for the State's failure to make out 
prima facie cases against them. At that time, the Court also 
granted bail to 6 of the remaining 19 defendants. At the end 
of 1986, 13 defendants remained in custody, many of them having 
been imprisoned since late 1984. As of November, the State 
had rested its case, and the defense had begun its 
presentation. Defendants were represented by an extremely able 
team of legal counsel. 

f . Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

The system of apartheid necessarily involves the Government in 
extensive regulation of social, personal, and family life. A 
person's identification as a member of an ethnic group or race 
is based on definitions and decisions of the Government under 
the Population Registration Act. Under this law, every child 
born in South Africa must be registered and classified 
according to race. In borderline cases, racial classification 



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is determined administratively by a racial classification 
board, empowered to weigh "evidence" and to issue a verdict on 
an individual's race when the parents' racial classification 
is not known. Under apartheid, association in many social 
settings is not a matter of free choice. The Separate 
Amenities Act allows public premises to be reserved for the 
exclusive use of persons of a particular race. In recent 
years, the Government has expanded the scope of administrative 
exceptions to apartheid laws, and has allowed most restaurants 
hotels, theaters, cinemas, drive-in theaters, private 
hospitals, parks, libraries, and other public facilities to 
admit persons of all races upon application. Many but by no 
means all private establishments have opted for "multiracial" 
status . 

Despite many reforms in recent years in the area of so-called 
"petty apartheid," a substantial degree of social segregation 
still exists in South Africa, legally permitted — in some case; 
mandated — by numerous statutes, provincial ordinances, and 
provincial bylaws. Social apartheid is now being enforced 
with less rigidity than in the past, however, and is evolving 
slowly toward a "local option" system. Some local author itie: 
have made use of the limited discretion they have to 
desegregate facilities under their control, while others have 
not. In 1986 some big city governments desegregated central 
business districts under an amendment to the Group Areas Act 
permitting such action in commercial areas. Despite its 
having led in recent years with a reform policy in this area, 
the ruling National Party, during 1986, reiterated earlier 
government policy on the questions of segregated housing area 
and schools for the races, stating that racial segregation in 
these two critical areas will continue under the rubric of 
"group rights . " 

The Group Areas Act remains one of the cornerstones of 
apartheid. Under its provisions, the Government mandates tha 
the different races must reside in separate areas. In some 
cases, when one spouse is prohibited from living with the 
other because of the Group Areas Act, the benefits of the 
repeal of the miscegenation laws in 1985 have been vitiated. 
For blacks, even the right to reside in a segregated urban 
township is not available if one is deemed a "citizen" of one 
of the so-called "independent" homelands. Such persons are 
regarded as aliens in so-called "white" South Africa, and, 
notwithstanding their birth in South Africa, are subject to 
the same restrictions as any foreigner. Most blacks who live 
in urban township houses rent them from the Government, which 
owns and subsidizes them. In 1986 Parliament passed a law 
allowing freehold land ownership in appropriate group areas 
for blacks, who had hitherto only been able to lease land for 
99 years. Many urban townships are still seriously lacking i 
some or all modern amenities, such as electricity, running 
water, indoor plumbing, public sewage, paved roads, and 
recreational facilities. Some declared townships are little 
more than permanent shanty towns with "houses" constructed of 
fibreboard and corrugated iron. Townships are often located 
at long commuting distances from cities, where most employment 
opportunities for South Africa's blacks are found. 

Notwithstanding the Group Areas Act, a growing number of 
so-called "grey areas" exist in some major cities, where 
blacks, coloreds, and Asians reside in technically white 
areas, often without government interference. Occasionally, 
there are criminal prosecutions for such violations of the 
Group Areas Act. In July a white Cape Town man was convicted 



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of a criminal violation of the Group Areas Act for cohabiting 
with his colored common-law wife. Some private schools in 
white-designated areas engage in technical violations of the 
Group Areas Act, without government interference, by admitting 
black, colored, and Asian students. 

The 1960 's "grand apartheid" policy of extending "independence" 
to South Africa's tribally based homelands has involved the 
Government in long-term, institutionalized disruptions of black 
families. Blacks who are designated as "citizens" of the 
homelands may obtain work permits allowing them to reside in 
urban areas of so-called white South Africa, but they may not 
be accompanied by their spouses and children. Tens of 
thousands of such persons are forced by housing shortages to 
reside away from their families, often in overcrowded 
single-sex dormitories in urban areas. 

Because the blueprint of group areas called for by apartheid 
legislation has not always corresponded to the actual locations 
of the various racial groups, the Government has over the years 
forcibly relocated many people. The South African Council of 
Churches has estimated that since 1961, the Government has 
forcibly resettled approximately 3.5 million blacks, coloreds, 
and Asians. Government figures issued in 1984 asserted that 2 
million blacks had been resettled since 1960. In early 1985, 
the Government announced a suspension of forced removals in 
favor of a policy of negotiating with affected communities on 
relocation issues. In several instances, however, the 
Government has refused to negotiate with recognized black 
community leaders. In other instances, it has engaged in 
effectively coercive removals, refusing to furnish fundamental 
infrastructure such as sewage facilities, electricity, and 
running water in black communities it seeks to remove to other 
areas. The Government has also adopted the approach of 
refusing to assign new housing to persons in existing black 
communities where it seeks removals. In 1986 the Government 
adopted these tactics in an effort to remove the 15,000 
residents of the 60-year-old black community of Oukasie, near 
the town of Brits, to a site near the Bophuthatswana border. 
As of the end of 1986, the Government had "deproclaimed" the 
community as a black residential area, while some 10,000 
residents remained there in the hope that the Government would 
reverse this decision. Many of these people opposed removal 
on the suspicion that the community where they would be 
resettled would eventually be incorporated into the so-called 
"independent" homeland of Bophuthatswana, a move that would 
have adverse consequences for their South African citizenship. 
Resettlement areas, particularly when located in the homelands, 
often have inadequate infrastructure and insufficient land and 
water for profitable agriculture. 

The Black Urban Areas Consolidation Act allows police to enter 
homes without a warrant if any black is suspected of residing 
or working in the area illegally. The Criminal Procedures Act 
of 1977 authorizes a judge or magistrate to issue a search 
warrant if there is some reason to believe that "the internal 
security of the republic or the maintenance of law and order 
is likely to be endangered by or in consequence of a 'meeting' 
being held in a given place." Under this same Act, a police 
officer may enter, search, and question without a warrant, if 
the officer has reason to believe a warrant would be issued 
but the delay caused by first obtaining the warrant would 
defeat the purpose of the search. 



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Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Throughout 1986 South Africa's largely white-owned press 
continued, when possible, to engage in vigorous criticism of 
the Government and its policies. Freedom of speech and press 
are seriously circumscribed by several acts of Parliament, 
including the Defense Act, the Police Act, the Prisons Act, 
the Internal Security Act, the Protection and Information Act, 
and especially the Public Safety Act which is the legal basis 
for the regulations and restrictions under both States of 
Emergency. The latter restrictions impair freedom of 
expression and press by making "subversive statements" a 
criminal offense (e.g. encouraging strikes, boycotts, the 
promotion of disinvestment) and include bans on television 
coverage, still photography, sketching, and radio recording 
from areas covered by the State of Emergency. Penalties for 
infractions include fines of up to $8,000 and/or imprisonment 
for up to 10 years. In December the Government issued an even 
tighter set of press restrictions which makes it a criminal 
offense to publish material on political unrest, detention 
cases, the treatment of detainees, and various types of 
political activity without prior government clearance. These 
restrictions greatly reduced media coverage in 1986, in 
particular through television, of political unrest, but also 
at the end of the year through government delays in clearing 
press articles. 

The Government took direct action against the press in a 
number of specific cases. In June shortly after the emergency 
declaration, the Government summarily confiscated an entire 
edition of one independent newspaper, the Weekly Mail, on 
grounds that it contained items that violated the emergency 
regulations. On two occasions, it also seized copies of the 
Sowetan, the nation's leading black daily. In July the 
Government expelled Newsweek Bureau Chief Richard Manning, an 
American citizen, as an "undesirable alien." It also expelled 
several other foreign journalists in the weeks following the 
emergency declaration. In November the Government ordered Los 
Angeles Times correspondent Michael Parks to leave South 
Africa by the end of December, but later extended the deadline 
to the end of January to allow Parks and his employer to 
appeal the order. The Government also impeded the flow of 
information from South Africa by refusing visa requests by 
foreign journalists or by subjecting them to inordinate 
delays. In August two U.S. broadcasting companies, ABC and 
CBS, stated that certain of their news tape cassettes, 
transported via international delivery services from South 
Africa to the United States, were tampered with or stolen in 
transit. 

In this atmosphere, self-censorship is rife, and many newspapei 
editors said that they have had to surrender ultimate editing 
responsibility to their lawyers. While there were no known 
convictions of journalists under the various laws or 
regulations, some were detained (see section l.d.). In late 
1985, the Government brought Internal Security Act charges 
against Cape Times Editor Anthony Heard and against South 
African Associated Newspapers (SAAN), the owner of the Times, 
after the newspaper published Mr. Heard's interview with ANC 
leader Oliver Tambo . In August the Government dropped the 
charges against Mr. Heard, while SAAN pleaded guilty to 
violations of the Act. 



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In July and August, several publishers launched a challenge to 
State of Emergency press curbs in the Supreme Court for Natal 
province. The court ruled in favor of the newspapers, holding 
that the emergency provisions against publication of 
"subversive statements" which allowed for police seizure of 
certain "subversive" publications were overly vague. This 
decision did not have nationwide effect, however, as the 
court's jurisdiction did not extend beyond Natal province. 

In addition to censorship and self-censorship, an 
institutionalized system of self-regulation exists in the 
newspaper industry. The Media Council, formed in 1983, has 
been given the power by its convenors to impose penalties on 
errant members of the newspaper press union and other media 
that submit to the council's jurisdiction. 

Under the Publications Act (applicable to most periodicals, 
with the exception of newspapers), the importation, possession, 
and publication of politically or morally "undesirable" works 
is prohibited. Materials subject to censorship include those 
found to be "indecent or obscene," "blasphemous," or 
"prejudicial to the safety of the State." Committee decisions 
are subject to review by a Publications Appeal Board. The 
Board's decisions are not subject to judicial review, except 
in rare instances. 

The Government exercises a near monopoly on television and 
radio broadcasting through the state-owned South African 
Broadcasting Corporation (SABC). With some exceptions, SABC 
largely reflects progovernment viewpoints both in its news 
reporting and editorial policy. While the Government professes 
that SABC is politically independent, a wide range of the 
political spectrum, from the liberal PFP to the right-wing 
Conservative Party, characterizes the corporation as an 
editorial arm of the ruling National Party. 

b. Freedom of Peaceful Assembly and Association 

The Internal Security Act seriously obstructs freedom of 
assembly as it gives magistrates the power to ban or impose 
conditions on the holding of public meetings and to close off 
areas to the public to prevent prohibited gatherings. In 
response to widespread unrest in 1976, the Minister of Law and 
Order banned all outdoor gatherings except sports events or 
specially authorized meetings. The Government has renewed 
this ban on an annual basis since 1976 and did so again in 
1986. At the end of 1985, the Government imposed a 6-month 
ban on indoor meetings of some 74 antigovernment organizations, 
including the UDF, AZAPO, the Release Mandela Committee, and 
the DPSC. This ban was in effect in 30 magisterial districts 
throughout the country. Throughout the 1986 emergency, there 
was widespread banning of meetings of political, civic, and 
youth organizations throughout the country. Police frecjuently 
arrested persons in townships on charges of participating in 
illegal gatherings. The Government also maintained a ban on a 
number of important political organizations, premier among 
these the PAC, the ANC, and the Congress of South African 
Students (COSAS) . 

During 1986 government policy appeared aimed at hindering the 
UDF by detaining key leaders. Founded in August 1983, the UDF 
is a loosely organized national movement of over 600 community 
groups, church and civic organizations, and labor unions. 
Although the movement contains elements that adhere to the 
more revolutionary values of the ANC, most of its member 



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organizations describe themselves as advocates of nonviolent 
political and social change. In October the Government 
declared the UDF an "affected organization," meaning it could 
no longer receive funds from abroad, a move which was 
interpreted by many observers as an effort to hamper the 
organization's effectiveness. 

The South African Labor Relations Act recognizes the right of 
employees to form and to join trade unions. Amendments to the 
Labor Relations Act passed between 1979 and 1981 for the first 
time granted South African blacks full status as employees and 
removed impediments to the legal operation of black trade 
unions. Trade union members, approximately 50 percent of whom 
are black, constitute about 17 percent of the total labor 
force of nearly 12 million. In 1979 fewer than 100,000 blacks 
were trade union members. At the beginning of 1986, black 
trade union membership stood at nearly 1 million, according to 
government estimates. 

The Labor Relations Act does not cover farm workers and 
domestic servants, who together comprise approximately 
2 million workers (about one-sixth of the total labor force). 
Workers in these two categories, nearly all of whom are black, 
enjoy few protections under the law. With the qualified 
exception of KwaZulu, none of the homelands has labor 
legislation to match the post-1979 reforms passed by the South 
African Parliament. Ciskei and Transkei have banned a major 
trade union active in the Eastern Cape (the South African 
Allied Workers Union), and Bophuthatswana has prohibited 
unions headquartered elsewhere from operating in its territory. 

The right to strike exists under the Labor Relations Act but 
is qualified by a mandatory prestrike conciliation process 
that can take as long as 2 months to complete. Nearly all 
strikes occurring in recent years have been staged by emerging 
black unions, and most of them have been technically illegal. 
In addition, the right to strike is seriously modified by the 
common law right of an employer to fire any striker (whether 
the strike is legal or illegal) on grounds of breach of the 
person's employment contract. A 1985 opinion of the 
Industrial Court, however, has significantly improved the 
position of legal strikers. The increase in the number of 
strikes, which reached record levels in 1985 and the first 
half of 1986, reflects the success of black trade unions in 
mobilizing workers and in articulating grievances. However, 
massive detentions of trade union officials and members under 
the State of Emergency regulations served to reduce the 
political activism of black unions in the second half of 1986. 

South African trade unions are independent of the Government, 
and most of them have no links with any political party or 
movement. Some exceptions are: the all-white South African 
Confederation of Labor, with about 100,000 members, which is 
widely believed to have ties to the right-wing Herstigte 
Nasionale Party; COSATU, which emerged in 1986 as a de facto 
ally of the UDF; and the United Workers Union of South Africa, 
which is associated with Inkatha, 

South Africa has not been a member of the ILO since the early 
1960's. The Government monitors but does not prohibit trade 
union relations with the international labor movement. 
Government passport and visa policy, however, sometimes 
impedes these relations. As of the end of 1986, no South 
African labor organization had official links with the 
International Confederation of Free Trade Unions. 



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c. Freedom of Religion 

South Africa's multiracial society has a wide variety of 
religious denominations, and the Government generally respects 
freedom of worship. Religious organizations are allowed to 
hold meetings and other activities without interference as 
long as they do not seriously challenge government policies. 
As with other aspects of South African life, churches are 
often divided along racial lines, but many churches (including 
a growing number of white churches) challenge apartheid on 
moral grounds. The Defense Act provides alternative service 
options for religious objectors to national military service. 
Conscientious objectors on nonreligious grounds continue to be 
subject to a maximum 6-year sentence for refusing to serve. 

The Government is often at odds with a number of the country's 
church leaders, some of whom are outspoken critics of the 
apartheid system. These include Anglican Archbishop of Cape 
Town Desmond Tutu; Rev. Allan Boesak, President of the World 
Alliance of Reformed Churches; and Archbishop Denis Hurley, 
Head of the Catholic Archdiocese of Durban. In November the 
Government dropped subversion charges against Rev. Boesak, 
which had been pending since August 1985. These charges 
stemmed from an effort by Rev. Boesak to stage a march on 
Poolsmoor prison near Cape Town, where ANC leader Nelson 
Mandela is imprisoned. Some church leaders, most notably 
Archbishop Tutu, have openly advocated economic sanctions by 
the international community against South Africa. While 
Archbishop Tutu's remarks on this and other issues have drawn 
heavy criticism from some government officials, as of the end 
of the year the Government had taken no action to restrict him. 

Churchmen have been frequent targets of detention, both by 
South African authorities and by police in the so-called 
"independent" homelands. Dean Simon Farisani of the 
Evangelical Lutheran Church was detained in Venda in late 
November and remained in custody at the end of the year. In 
November police in the Transkei detained Larry Hill, an 
American citizen missionary, for 2 weeks without criminal 
charge. On December 17 Transkei authorities detained Father 
James Paulsen, also an American citizen, without criminal 
charge. He remained in custody at the end of the year. 
Numerous other clergymen have also been detained under 
security laws, nearly always without criminal charge. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Since the inception of the Government's homelands policy in 
the 1960 's, an estimated 8 million South African blacks have 
been rendered aliens in the Republic of South Africa by virtue 
of what the Government characterizes as their "citizenship" in 
one of the so-called "independent" homelands (Transkei, 
Ciskei, Bophuthatswana, and Venda). They are subject to the 
same travel and residence restrictions in "white" South Africa 
as any alien. 

Until 1986 the right of black South African citizens to reside 
in urban areas was severely restricted by a complex set of 
statutes and regulations known as "influx control" or "pass" 
laws. In April Parliament repealed these laws in favor of one 
requiring all South Africans to carry a uniform identity 
document. Since the passage of this law, black South African 
citizens are no longer required to carry government-issued 
"passes" in order to prove to law enforcement officers their 



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right to be present in an urban area. Some critics of the 
pass law system hailed this reform but expressed the fear that 
urban housing shortages, antisquatting laws, and sanctions 
against employees who hire "illegal aliens" from the four 
so-called "independent" homelands would amount to a de facto 
system of influx control. Since the repeal of the pass laws, 
the Government has reiterated that putative citizens of the 
homelands will continue to be treated as aliens and will be 
subject to the same laws. In 1986 Parliament also passed the 
Restoration of Citizenship Act, providing for "restoration" of 
South African citizenship to a limited class of blacks who 
were denationalized as a result of homeland "independence" 
grants — those with "permanent residence" rights in South 
Africa. The Minister of Home Affairs has said that this 
reform will apply only to an estimated 1.75 million blacks, 
rather than to the estimated 6 million persons many observers 
hoped it would benefit. 

South Africans must possess valid travel documents in order to 
travel abroad or to emigrate legally. Except for banned 
persons, these documents generally are not difficult for whites 
to obtain. Blacks assigned to an "independent" homeland 
usually experience difficulty in obtaining South African 
passports as the Government takes the position that they are 
not citizens of South Africa. In some instances, this has the 
effect of deterring international travel as some blacks refuse 
to travel on a homeland passport, insisting that the Government 
recognize them as citizens of South Africa. In 1982 the South 
1982 the South African Supreme Court ruled that a citizen's 
access to a South African passport is a privilege and not a 
right and that the Minister of Home Affairs has the absolute 
discretion to revoke a passport without giving any reasons for 
his action. The Government often refuses passports to black 
trade union officials and other persons whom it regards as 
radically critical of the status quo. In October it refused 
permission to Winnie Mandela, wife of ANC leader Nelson 
Mandela, and to Albertina Sisulu, co-President of the UDF, to 
travel to Mozambique for the funeral of President Samora 
Machel. In December it refused permission to human rights 
activist Helen Joseph to travel to the United States to 
receive a human rights award. 

Until 1986 legal restrictions existed for Asians who wished to 
reside in or visit the Orange Free State and certain parts of 
Natal province. Parliament repealed these restrictions during 
its 1986 session. 

Although South Africa is not a signatory to international 
conventions on refugees, the Government provides informal 
sanctuary to as many as 200,000 Mozambicans displaced by civil 
strife in their country. Relief assistance is provided by 
South African private and voluntary organizations, as well as 
by the International Committee of the Red Cross (ICRC), and 
the Government permits access by international observers to 
areas where these refugees are found. The number of South 
Africans who are officially registered as refugees in 
neighboring countries has not grown significantly since 1985 
and remains approximately 22,000. The South African Council 
of Churches estimates the total number of South African exiles 
to be 250,000 or more. 



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Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

The extent to which South African citizens have the right to 
change their government democratically depends on race. Until 
1984 South Africa's national political institutions were 
reserved for whites only. Under the country's 1983 
Constitution, implemented in late 1984, the right of political 
participation at the national level was extended on a limited 
basis to South Africa's colored and Asian citizens but 
continued to be denied to the black majority, who comprise 
72 percent of the population. The new Constitution created a 
tricameral Parliament with separate chambers for whites, 
coloreds, and Asians. Officially registered political parties 
may operate as freely as the ruling National Party. The 
respective groups are represented in Parliament on a racial 
ratio of 4/2/1 — white/colored/Asian. Members for each house 
are elected from separate, racially based voter rolls. Each 
house has primary responsibility for "own affairs" matters, 
i.e., legislation affecting its own racial constituency. The 
State President is empowered to decide arbitrarily v;hich issues 
of general concern are to be treated by all three chambers. If 
efforts at consensus on general affairs matters fail, they are 
referred to the President's Council, a body composed of whites, 
coloreds, and Asians, for an advisory opinion. The ruling 
white National Party controls the President's Council. In 
June the colored and Asian houses of Parliament attempted to 
block security legislation passed by the white House of 
Assembly. This effort was vetoed by the President's Council, 
and the disputed security legislation became law. 

The lines between "own affairs" and "general affairs" are not 
always precise. Matters that are usually considered general 
affairs include foreign policy, defense, national security, 
and black affairs. Education is normally dealt with as an 
"own affair" but is subject to general laws prescribing norms 
and standards for salaries, curriculum, and examinations. 
The terms of the new Constitution and the existence of a white 
majority in Parliament work to ensure control by the white 
House of Assembly over key general affairs. While there is a 
vigorous, outspoken opposition in the House of Assembly, the 
ruling National Party, which has controlled South African 
political affairs since its first parliamentary victory in 
1948, dominates legislative affairs by sheer force of numbers. 
Within the National Party, viewpoints toward reform of the 
apartheid system range from moderate to reactionary. Internal 
differences are, in theory, resolved in party caucuses, but in 
practice the State President, who is also the National Party 
leader, resolves all disputes. 

Political participation for blacks, who have no representation 
in Parliament, remains limited to a franchise in 1 of the 10 
homelands to which all blacks are assigned through ethnic or 
linguistic identification, or in the case of urban blacks, to 
a franchise enabling one to vote for black local government 
officials. Assignments of blacks to homelands take place 
irrespective of the wishes of those assigned and without regard 
to the fact that they may not have been born, nor ever lived 
in, nor even visited, their putative homeland. When a homeland 
"requests" and is then granted "independence" by the South 
African Government, blacks assigned to that homeland lose 
their South African citizenship and receive the "citizenship" 
of the homeland. An estimated 8 million blacks have lost 
South African citizenship under this policy by South African 
legislation granting "independence" to four homelands: 



292 



SOUTH AFRICA 

Transkei (1976); Bophuthatswana (1977); Venda (1979); and 
Ciskei (1981). The South African Government stated in 1986 
that it had no intention of abolishing the homelands system. 

A fifth homeland — KwaNdebele — had been slated for 
"independence" in December 1986. In August the KwaNdebele 
legislative assembly, reacting to several months of political 
violence in the homeland and an evident groundswell of anti- 
independence sentiment among the homeland's inhabitants, 
rejected an earlier decision by the homeland's Chief Minister 
to accept independence. While the Minister of Constitutional 
Development and Planning publicly said that the Government 
would honor the wishes of the people of KwaNdebele, it was 
still not clear at the end of 1986 whether the South African 
Government would follow through with the grant of independence 
to KwaNdebele. On December 31, 1985, the Government formally 
proclaimed the excision of an area of the Lebowa homeland — the 
Moutse district — and its incorporation into KwaNdebele, 
despite opposition by the inhabitants of Moutse, who now 
constitute an ethnic minority in KwaNdebele. 

An estimated 10 million blacks live in townships near white 
urban areas. The only voting rights they are able to exercise 
are those granted under the Community Councils Act of 1977 and 
the Black Local Authorities Act of 1982. The Black Local 
Authorities Act of 1982 elevated the status of black municipal 
authorities to that enjoyed by white municipal governments. 
It did nothing, however, about the critical problems of 
inadequate financial resources and the lack of political 
credibility faced by black local government. Much of the 
violence that took place in black townships in 1986 was 
directed at black town councils and councillors, who were 
viewed by many blacks as collaborators with the South African 
Government. In many areas, there were wholesale abdications 
of town councils due to community opposition, which often took 
the form of political violence. 

In 1985 Parliament passed legislation to replace all-white 
provincial (state) councils with multiracial Regional Services 
Councils (RSC's), to include representatives of black, Asian, 
and colored local governments. The Government has experienced 
difficulty in drawing authentic black leaders into the RSC's. 
While characterized by the Government as a "devolution" of 
power to local bodies, the RSC's are widely regarded as not 
representing a meaningful shift towards greater democracy in 
local government. 

In Natal province, the Indaba — a convention representing all 
racial groups and a wide range of social and political 
organizations — met for several months in 1986 to formulate a 
proposal for a new constitution for the province. The 
proposal, which was unveiled in late November, provided (among 
other provisions) for a bill of rights with firm constitutional 
guarantees of individual liberties. It also proposed a 
universal franchise and a bicameral legislature in which the 
larger chamber would be elected on a one-person, one-vote 
basis and the smaller chamber would represent specified ethnic 
groups with veto rights over certain affairs affecting them. 
The leader of the ruling National Party for Natal province 
publicly rejected the terms of the Indaba proposal, but the 
responsible cabinet minister had not formally commented on the 
proposal by the end of the year. The Indaba leaders were 
planning to present it formally to the Government for approval 
and hold a referendum among the people of Natal and the 
homeland of KwaZulu on the proposals. 



293 



SOUTH AFRICA 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The South African Government extends little or no cooperation 
to various United Nations bodies or private organizations 
attempting to investigate the Government's human rights 
record. In October reacting to a vote of an International Red 
Cross conference in Geneva to expel a South African delegation, 
the Government announced the expulsion of 16 Swiss delegates 
of the International Committee of the Red Cross (ICRC). In 
November, however, the Government reversed this decision and 
stated that ICRC representatives could remain in South Africa. 
The Government has permitted th^- ICRC access to convicted 
security offenders. 

During 1986 the Government permitted an American Bar 
Association representative entry into the country to observe 
proceedings in the treason trial pending against 22 UDF and 
other black political organization leaders. The Government 
refused numerous requests by foreigners to interview Nelson 
Mandela but did allow members of the Commonwealth "Eminent 
Person's Group" to meet with Mandela on two occasions. 

Many South African organizations observe, report, and contest 
human rights violations in the country. In addition to black 
political organizations, the Lawyers for Human Rights, the 
Black Sash, the Legal Resources Center, the South African 
Council of Churches, the DPSC, the End Conscription Campaign 
(ECC), the Center for Applied Legal Studies and other groups 
are actively involved in a wide range of human rights issues, 
and assist persons who are aggrieved by the apartheid and 
security laws. The annual report of the South African 
Institute of Race Relations is a key source on human rights 
questions in South Africa. In December 1986, the Government 
entered restriction orders against a number of Black Sash, 
DPSC, and ECC leaders, prohibiting them from engaging in 
certain types of political activity. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

As stressed throughout this report. South Africa's black 
majority and, to a somewhat lesser extent, the colored and 
Asian communities, suffer from pervasive, legally sanctioned 
discrimination based on race in political, economic, and 
social aspects of life. For example, government expenditures 
on education per student in the financial year 1983/84 were: 
whites, $744; Asians, $489; coloreds, $256; and blacks 
(exclusive of Transkei, Ciskei, Bophuthatswana and Venda), 
$105. In 1981 black pupil enrollment was just over 5 million 
in regular primary though high school grades. Only slightly 
more than 1 percent of enrollment was in the last grade of 
high school, illustrative of the high drop-out rate. Black 
enrollment at "white" universities has been growing slowly. 

Political unrest which has swept many of the country's black 
and colored townships since late 1984 has taken the form of 
school boycotts in many areas. In some parts of the country, 
the Government has closed black schools. While black activist 
groups, in particular the National Education Crisis Committee, 
have sought to reconcile differences between black students 
and government educational authorities, political problems 
have exacerbated an already poor educational system for blacks. 



294^ 



SOUTH AFRICA 

Women of all races in South Africa suffer varying degrees of 
legal, cultural, and economic discrimination, most of which is 
based on tradition rather than codified in law. Women 
traditionally earn lower wages than men and are generally 
underrepresented in the country's political and business 
establishment. No women presently serve as ministers in the 
Government. Two women serve as members of the State 
President's Council. Three of the 178 seats in the 
Parliament's white House of Assembly are held by women. The 
colored House of Representatives has two women members, and 
the Asian House of Delegates has one. Generally speaking, 
women have achieved more success in electoral politics at the 
local than at the national level. 

Black women suffer not only from extensive legal handicaps and 
acts of discrimination that stem from South Africa's system of 
apartheid, but also from other legal disabilities based on 
sex. They are regarded by South African law as perpetual 
minors. Maternity benefits are not guaranteed under South 
African law, and a pregnant woman can be legally dismissed 
from her job. Against a backdrop of traditional sex and race 
discrimination, a fledgling women's rights movement has taken 
hold in South Africa. Women's organizations, often 
multiracial, have been at the forefront of the struggle 
against both race and sex discrimination. 

CONDITIONS OF LABOR 

Governnient figures show an increase in unemployment in 1986. 
Black unemployment is not measured directly, but private 
estimates of total black unemployment (including the 
homelands) are in the 25 to 30 percent range. In some areas, 
especially in the eastern Cape, black unemployment rates are 
dramatically higher, reaching over 50 percent. 

The Labor Relations Act of 1956 provides a mechanism for 
negotiation between labor and management to set industry-by- 
industry minimum wage standards. At present, some 101 
industries come under the provisions of the Act. There is no 
universal minimum wage in South Africa. The Occupational and 
Safety Act prohibits the employment of minors under the age of 
16 in certain industries. On basic conditions of employment, 
the Act sets forth certain minimum standards for employment, 
including provisions for a standard workweek of 46 hours in 
most industries, as well as mandatory provisions for vacation 
and sick leave. The Machinery and Occupational Safety Act 
mandates minimum standards for the design and use of certain 
types of industrial machinery. 



295 



U.S.0VERSE4S -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COUNTRY: SOUTH APRICA, REPUBLIC OF 

1984 



1985 



1986 



I.;CON. 
LO 
GR 
A. AID 
LO 
GR 
(SEC 
B.FOOO 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
E.REL 
\^OL.R 
C.OTHE 
LO 
GR 



ASSIST. -TOTAL.. 

ANS 

ANTS 



ANS 

ANTS 

.SUPP. ASSIST.) .. 

FOR PEACE 

ANS 

ANTS 

I-TDTAL , 

. I»J $-LOANS.... 
IN FOR. CURR,... 

II-TOTAL 

lEF.EC.DEV 5 WF" 
ELIEF AGENCY.. .. , 
R ECON. ASSIST.. 

ANS 

ANTS , 

pea:e CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST. -TOTAL. 

LOANS , 

GRANTS , 

A. MAP GRANTS , 

3. CREDIT FINANCING., 
:.INTL MIL.ED.TRNG. . 
D.TRAN-EXCESS STOCK, 
t. OTHER GRANTS , 



III. TOTAL 5C0N. & MIL, 

LOANS 

GRANTS , 



0.0 


0.0 


14.3 


0.0 


0.0 


0.0 


O.D 


0.0 


U.3 


0.0 


0.0 


14.3 


0.0 


0.0 


0.0 


0.0 


0.0 


14.3 


0.0 


0.0 


13.8 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


14.3 


0.0 


0.0 


0.0 


0.0 


0.0 


14.3 



OTHER US LOANS..., 
EX-IM BANK LOANS, 
ALL OTHER , 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



0.0 
0.0 
0.0 



ASSISTANCE FROM INT £R N ATI CJ AL AGENCIES 
1984 1985 1986 



1946-86 



TOTAL 


0.0 


0.0 


0.0 


242.3 


IBRD 


0.0 


0.0 


0.0 


241.8 


IFC 


0.0 


0.0 


0.0 


0.0 


lOA 


0.0 


0.0 


0.0 


0.0 


IDS 


0.0 


0.0 


0.0 


0.0 


A03 


0.0 


0.0 


0.0 


0.0 


AFDB 


0.0 


O.D 


0.0 


0.0 


UNDP 


0.0 


0.0 


0.0 


0.0 


OTHER-UN 


0.0 


0.0' 


0.0 


0.5 


EEC 


0.0 


0.0 


0.0 


0.0 



296 



NAMIBIA 



Formerly German South West Africa, Namibia has been ruled by 
the Republic of South Africa since 1915. The United Nations 
lifted South Africa's 1920 League of Nations mandate in 1966. 
However, South Africa refused to relinquish its possession and 
has ignored a 1971 advisory opinion of the International Court 
of Justice upholding U.N. authority over Namibia and calling 
for South Africa's immediate withdrawal. In 1978 the United 
States, United Kingdom, France, Federal Republic of Germany, 
and Canada drafted a proposal for Namibian independence agreed 
to in talks with South Africa, the South West Africa People's 
Organization (SWAPO), and the neighboring states (known as the 
"Front Line States"). This proposal was adopted by the United 
Nations Security Council as Resolution 435 (UNSCR 435). It 
calls for the cessation of all hostilities, the phased 
withdrawal of South African forces, and free elections under 
U.N. supervision. South Africa has since said that it will 
not implement Resolution 435 without a satisfactory commitment 
by the Angolan Government on the parallel withdrawal of Cuban 
forces from Angola. In November 1984, the Angolans made a 
formal proposal on the numbers and timing of Cuban troop 
withdrawal. South Africa responded with its own proposals, 
including subsequently a proposed August 1, 1986, 
"date-certain" for the implementation of UNSCR 435 if a Cuban 
troop withdrawal agreement could be reached by that date. The 
date passed without an agreement. The United States is 
committed to the U.N. plan and has been playing a mediating 
role in negotiations between South Africa and Angola. 

A South African Government proclamation in June 1985 gave 
ostensible autonomy over internal affairs to a group of 
internal political parties, known as the Multiparty Conference 
(MPC) . The MPC formed a "Transitional Government of National 
Unity," more widely known as the "Transitional Government" 
(TG) . A number of parties opposed to South African rule 
refused to join the MPC and the TG. Among these parties was 
SWAPO, which is waging a guerrilla war against South African 
rule from outside the country but is still allowed to operate 
as a political party in Namibia, despite harassment by the 
authorities. A number of other parties, including a major 
part of the South West Africa National Union (SWANU), the 
oldest nonviolent opposition group, also refused to join the 
MPC. A South African-appointed Administrator General still 
sits in Windhoek but with reduced powers, and South Africa 
retains direct responsibility for defense, foreign affairs, 
and the constitutional status of Namibia. The United States 
and the rest of the international community do not recognize 
the TG and hold the Republic of South Africa responsible for 
the actions of the Namibian authorities it has appointed. 

A majority (60 percent) of the population of 1.2 million 
Namibians live by subsistence agriculture. The modern economy 
relies on mining, ranching, and fishing. A weak and unstable 
market for minerals, 6 years of drought only broken in 
1984-85, and overfishing by some foreign concerns, 
particularly from the Soviet bloc, have caused a lingering 
recession. Uncertainty about Namibia's 
political future has discouraged potential foreign 
investment. Tourism potential is one of the few bright spots 



297 



NAMIBIA 

on the economic horizon. Meanwhile, the South African 
Government provides over $500,000 a day in direct aid to 
Namibia. 

Most reports of human rights violations by government 
authorities or SWAPO involved actions taken in the war zone in 
northern Namibia since 1966 when SWAPO first turned to 
violence. Sporadic incidents of violence plague the entire 
country, but most of the fighting takes place near Namibia's 
border with Angola, especially in the Ovamboland region. The 
Ovambo ethnic group comprises approximately 50 percent of 
Namibia's population and provides the main support for SWAPO. 
In recent years, the combat has been conducted by small groups 
belonging to SWAPO' s military branch, the People's Liberation 
Army of Namibia (PLAN). SWAPO mounts an annual rainy season 
infiltration of northern Namibia from bases in Angola to carry 
out sabotage missions. The South African defense force (SADF) 
and the South West African Territorial Force (SWATF) attempt 
to root out the SWAPO teams and on a regular basis in 1986 
conducted "hot pursuit" operations across the border into 
Angola. Years of effective South African military operations 
in both Namibia and Angola have significantly weakened SWAPO, 
and guerrilla infiltration of Namibia dropped off in 1986. 
Government forces claimed to have killed over 645 SWAPO 
combatants by the end of 1986. 

In 1986 there were a number of civilian deaths attributed to 
both government security forces and to SWAPO, including some 
caused by mines or bombs reportedly planted by SWAPO in public 
places. In addition, there was a continuation of arbitrary 
government detention without access to counsel or visits by 
family members and of torture and other abuses by security 
forces. There are also restrictions on freedom of assembly 
and freedom of the press. A number of prisoners were released 
in 1986. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

Namibia is an arena of guerrilla conflict, and there have been 
a number of deaths due to terrorist bombings. Post offices, 
schools, and other government buildings in the north are 
heavily barricaded and patrolled. SWAPO guerrillas have 
reportedly murdered some Ovambo civilians, apparently in an 
attempt to intimidate others from cooperating with the South 
African Government. SWAPO denied responsibility for the 
bombing of a Walvis Bay meat market in July which killed five 
persons, countering that the market is an implausible SWAPO 
target because it was frequented by blacks; SWAPO sympathizers 
claimed that government or government-backed groups were 
responsible in an effort to discredit SWAPO. 

The SADF and SWATF and the police have themselves been accused 
of killing captured SWAPO guerrillas. Military officials 
state that very few SWAPO guerrillas are captured, but they 
attribute this to the nature of the fighting and SWAPO 's 
orders to its guerrillas not to be taken captive. Defense 
officials insist that they investigate all charges of murder. 
They also assert that the murders they have confirmed are acts 
of indiscipline and not policy. Critics contend that the 



298 



NAMIBIA 

SADF/SWATF sometimes take no action after being informed of 
instances of misconduct. In a highly publicized incident, 
charges against four members of government security forces 
accused of beating a civilian to death were dropped under 
direct orders from South African President Botha (see Section 
I.e.). The Government did prosecute several other security 
force members for brutality and sentenced several to prison, 
including a SADF soldier in January who received 6 years in 
prison for raping an Ovambo woman. 

Some clergymen and human rights activists have accused the 
police paramilitary unit previously known as "Koevoet" 
(Crowbar) of numerous atrocities including murder. The name 
"Koevoet" was dropped in mid-1985 when the unit came under the 
authority of the South West Africa police, reporting to the 
TG. The South African Government has on occasion agreed to 
pay damages, along with legal costs, to settle claims of 
alleged unlawful killings and assaults by Koevoet. Criminal 
prosecutions, for which a higher standard of proof is 
required, have been much rarer. 

A SWAPO member and former Robben Island prisoner, Immanuel 
Shifidi, was killed on November 30 when outsiders violently 
disrupted a peaceful SWAPO rally. There were credible 
allegations that some out-of-uniform members of a government 
security unit were among the outsiders. The police denied 
responsibility and began an investigation of the incident. 
Earlier the same week, security force officials accused SWAPO 
of murdering a church official. SWAPO denied the charges. 

b. Disappearance 

The security forces are not obliged to notify anyone when a 
person is detained and often hold detainees incoiimunicado for 
extended periods of time. They are sometimes accused of 
ignoring requests for information from family members and 
friends of those who have been detained. As a result, some 
Namibians have "disappeared" only to turn up later in 
detention cells. 

SWAPO reportedly uses abductions to win recruits, although 
SWAPO officials contend that all its recruits join 
voluntarily. SWAPO allegedly abducted 17 Ovambo school 
children in September for this purpose. This may have marked 
a revival of a tactic dropped years ago because of the 
negative publicity which resulted. Government security 
forces pursued the alleged kidnapers into Angola and claimed 
SWAPO was forced to release the youths. A SADF officer said 
smaller scale SWAPO abductions remain a common feature of life 
in Ovambo land. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

In 1986 political leaders, clergymen, and others regularly 
made detailed allegations that the police and security forces 
engaged in brutal treatment against civilians, both in and out 
of detention, including the use of solitary confinement and 
beatings. Several of these allegations have been confirmed. 
Government officials admitted using force to interrogate 
suspected SWAPO supporters whom they suspected of planting 
mines or bombs. 



299 



NAMIBIA 

The most notable case was that of Frans Uapota, allegedly 
beaten to death by four SADF soldiers in November 1985. The 
Transitional Government charged the four with murder, but 
South African President Botha intervened in June and certified 
under the Defense Act that the four had acted "in good 
faith." The TG, which claimed it was bound by Botha's order 
to withdraw the charges, subsequently asked not to be 
associated with such actions in the future. However, some 
legal observers claimed the TG did not have to comply with 
Botha's instruction. The South West African Bar Council 
condemned the dismissal of the Uapota case as a "coverup." 

Security forces also beat two boys during interrogation. The 
mother of one of the boys has sued South Africa's Defense 
Minister over the alleged brutality. In one case, the 
soldiers were fined; there was no known prosecution in the 
other case. Security officials point to these court cases as 
proof that claims are investigated and, if valid, pursued in 
legal channels. 

In April a parents' group in Namibia and neighboring countries 
protested SWAPO forced conscriptions of their children as well 
as incarceration, torture, and killings. The group also 
protested the use of "psychological terror by the SWAPO 
Military Police comparable to Koevoet" and the repeated abuse 
of young girls and women in SWAPO camps. SWAPO denied the 
allegations . 

d. Arbitrary Arrest, Detention, or Exile 

Two key articles of security legislation, enacted into law via 
proclamations by the Administrator General (AG 9 and AG 26), 
give security forces broad detention power. AG 9 of 1977 
constitutes the legal basis for most detentions and permits 
30-day detentions without charge or access to counsel of 
anyone deemed to have committed an offense, to be planning an 
offense, or to have knowledge of an offense. However, the 
Windhoek Supreme Court ruled in February that persons detained 
under AG 9 were entitled to have access to attorneys. 
Originally, AG 9 applied only to the far northern areas of 
Namibia. However, since 1979 the "security districts" have 
been extended south, and now more than 80 percent of the 
population are subject to AG 9. 

In a report released in October 1986, the Van Dyk Commission, 
created in 1983 to study changes in security legislation, 
indicated that between 1977 and 1983 there were no 
prosecutions under AG 9, and that 80 percent of the detained 
were released within the 30-day limit. The report stated that 
security police had detained 2,624 people under AG 9 between 
1977 and the end of 1983, releasing 2,415 of these uncharged 
within the 30-day limit and another 157 before charges were 
referred to the Attorney General. The police detained 155 
people between January 1984 and April 1985. The defense 
forces (SADF AND SWAFT) detained 2,893 people between 1977 and 
the end of 1983. The defense forces detained 407 people 
between January 1984 and April 1985. Although the number of 
persons in detention at any one time fluctuates considerably, 
it was estimated that approximately eight persons were in 
detention under AG 9 at the end of 1986. 

In security cases, AG 26 allows detention for 180 days without 
trial, under authorization from the Cabinet (previously from 
the Administrator General). AG 26 provides several guarantees 



300 



NAMIBIA 

not provided by AG 9. It states that detainees are entitled 
to a copy of the arrest warrant and to reasons for the arrest 
in writing. It further stipulates that detainees are entitled 
to visits by medical practitioners and magistrates. AG 26 
provides for a Review Committee, but the Cabinet is not 
required to follow Review Committee recommendations. The 
record in enforcing AG 26 is mixed. Persons detained iinder AG 
26 are rarely aware of their rights and even more rarely have 
access to competent legal counsel. However, in at least three 
cases taken up by attorneys, legal action or the threat of 
such action won releases. The Government amnestied several 
SWAPO members held under AG 26 in March 1986. The TG said 
there were 24 people being held without charge under AG 26 in 
June 1986, an apparent decline from earlier in the year. 
There were an estimated 21 persons in detention under AG 26 at 
the end of 1986. 

Until mid-1985, Namibians detained under security legislation 
had no recourse to the courts. In various cases in 1985 and 
1986, attorneys sought to gain legal access to their clients 
or have AG 26 and charges under other laws invalidated, 
arguing that they violated the Transitional Government's 1985 
Bill of Fundamental Rights. These rights include one that 
guarantees "no one shall be detained for an indefinite period 
of time without a fair and proper trial by a court." In a 
1985 case, the Windhoek Supreme Court found that the Cabinet 
had failed to show sufficient cause and ordered the prisoner's 
release. However, in February 1986, in State v. Angula, the 
Supreme Court denied an appeal of seven SWAPO members charged 
under the South African Suppression of Communism Act and the 
Terrorism Act. South African Government attorneys 
successfully argued that the bill of rights did not apply, 
since the TG had not yet devised and won approval for a new 
constitution. 

The Windhoek Supreme Court, in what at the time was considered 
a potentially landmark decision, ruled in October 1986 that 
section 2(2) of the Terrorism Act was in conflict with the 
Bill of Rights and Proclamation 101, which created the TG. 
This decision, however, was struck down when South Africa's 
Bloemfontein Appeals Court, the highest Court of Appeal for 
Namibia, ruled in December that only laws passed after the 
TG's creation in June 1985 were subject to the Bill of 
Rights. This excludes all of the major security legislation, 
which accordingly still stands. 

There is no forced labor in Namibia. 

e. Denial of Fair Public Trial 

In an October 1986 report, the Van Dyk Commission, created by 
the Administrator General to make recommendations on the 
"adequacy, fairness and efficacy of legislation pertaining to 
the internal security of the territory," recommended the 
consolidation of all security legislation within one 
proclamation. Among the Commission's other recommendations 
are the principle that a defendant is responsible for proving 
his or her innocence if the State can prove that the crime 
occurred and if the accused had some knowledge of it (not 
specifically that the accused committed the act). In such a 
case, the accused is considered guilty until he or she can 
demonstrate innocence "beyond a balance of probability." The 
State must also prove that the act was perpetrated with intent 
to subvert authority, promote constitutional or political 



301 



NAMIBIA 

change, or demoralize or intimidate the public. The 
Government's legal authorities consider this stipulation 
central to prosecuting alleged "terrorists," because it is 
much more difficult to prove guilt under regular criminal 
codes which presume the innocence of the defendant. The 
Commission also recommended that residents of the "operational 
area" in the north be held liable to provide information on 
SWAPO activities. The TG ' s Justice Minister has not yet 
proposed formal revisions in security legislation to the 
National Assembly. 

Some elements of the security forces, police and military, are 
seconded from South Africa and remain under Pretoria's 
ultimate jurisdiction. Thus, Namibians must seek recourse 
from the South African Government for alleged injustices. In 
one case, a Namibian sued South African Minister of Law and 
Order Louis Le Grange for unlawful arrest, wrongful detention, 
and maltreatment by the South African police. In March Le 
Grange agreed to pay approximately $15,000 and court costs to 
a Kavango shopkeeper. However, some observers say most 
alleged victims of wrongful detention or security force 
brutality do not press charges because of fear of increased 
government intimidation after they have given statements. 

Most detainees are held without charges under AG 9 and AG 26. 
However, those few who are brought to trial can expect a 
hearing based on the legal merits of their case. They have 
access to legal counsel and can expect the charges against 
them to be clearly stated. 

The judiciary (Supreme Court, magistrate courts) is 
independent of the executive (TG), but its authority is 
limited by TG and South African legislation and subject to the 
appellate function of South African courts. The Namibian 
judicial structure comprises two overlapping systems — one for 
whites. Westernized blacks, and coloreds, and another for the 
indigenous African people. In 1919 Roman-Dutch law was 
declared the common law of the territory. 

f. Arbitrary interference with Privacy, Family, Home, or 
Correspondence . 

Security legislation allows the security forces almost 
unlimited powers of search and seizure. In the operational 
area — the sectors along the northern border — invasion of homes 
is said to be routine. Cars are regularly stopped and 
searched when entering checkpoints to the northern region; 
they are also periodically stopped and scrutinized when 
entering or leaving government installations in the 
operational area. 

Politically active Namibians regularly complain that the 
authorities keep them under surveillance. Security police, 
often disguised as businessmen, reportedly have offered money 
to activists' friends in return for information on their 
movements . 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Namibian newspapers are subject to South African press laws, 
including the Internal Security Act of 1950. These laws limit 
reporting on certain matters such as military affairs and 



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prisons. In spite of this restriction, the Namibian press 
often contains lively and irreverent reporting, and its 
editorial writing regularly includes anti-South African and 
even pro-SWAPO comment. Newspapers have embarrassed the TG 
with disclosures of the salaries and perquisites provided to 
TG representatives. The installation of the TG, whose Bill of 
Fundamental Rights guarantees the freedom of expression, 
suggested a looser rein on the press. However, the Cabinet 
required a $9,000 deposit from the owners of the Namibian, a 
newspaper whose editorial slant is opposed to the Government 
and allegedly pro-SWAPO, before allowing them to publish the 
newspaper's inaugural edition on August 30, 1985. The 
newspaper's editor appealed to the court in September 1986 and 
won her case to have the deposit reduced. Only one other 
paper, the Observer, was required to make a similar deposit, 
which is prestamably being refunded as well. All other papers 
had been required to deposit $9. 

The Namibian has complained of regular harassment, including a 
fire in August 1986, break-ins, threatening phone calls, 
broken windows, and tire slashing. 

Publications which are banned in South Africa are also banned 
in Namibia. Several SWAPO publications have been declared 
"undesirable." However, Windhoek book periodical retailers 
carry many publications which one would not find in South 
Africa. Censorship laws seem to be less stringently applied 
in Namibia than in South Africa. 

b. Freedom of Peaceful Assembly and Association 

All political parties must apply for permission to convene 
meetings. The Prohibition and Notification of Meetings Act of 
1981 bars any political party from holding a public meeting of 
a certain size if that party advocates violence as a means of 
changing the status quo. Under this provision, the Government 
limited the political activities of the legal SWAPO party, 
restricting the size of public meetings to 20 persons or less. 

The Windhoek Supreme Court ruled in July 1986 that, according 
to the TG ' s bill of rights, SWAPO could hold public meetings 
with prior approval because the court found that the group did 
not specifically advocate the overthrow of the Government by 
force. SWAPO subsequently held three public meetings, their 
first in 5 years. While the first two were undisturbed, the 
third meeting was violently interrupted by outsiders, some of 
whom were credibly alleged to be out-of-uniform members of a 
government security unit. The police then arrived and broke 
up the meeting by indiscriminately firing large amounts of 
tear gas, even at people fleeing the meeting or well away from 
the meeting site. 

The Government banned a march planned by the Roman Catholic 
Church and various political opposition groups (the ban was 
overturned by the Supreme Court). On December 4, the TG 
prohibited meetings to commemorate the "old location" incident 
of 1959, when several people were killed during a forced 
removal in Windhoek. The meetings ban was imposed under the 
Riotous Assemblies Act of 1956. The Government also detained 
church officials, not for their religious activities but for 
their alleged political opposition. Several officials of the 
Lutheran church (the largest church in Namibia) were detained 
in May, although some were released the next month. At the 
end of 1986, the authorities were investigating tha political 



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activities of the Council of Churches of Namibia (CCN), which 
is often seen as sympathetic to SWAPO. Both the CCN 
headquarters in Windhoek and a Lutheran church in Ovamboland 
were bombed in January (the CCN building being totally 
destroyed) . The Government and SWAPO blamed each other for 
the bombings . 

Both Pretoria and the TG restrict non-Namibians from speaking 
out on political issues within the territory. The TG has the 
authority to ban outsiders from entering Namibia to give 
speeches. It used this authority in 1986 to prohibit a speech 
by a member of the South African United Democratic Front. The 
law also bans right-wing groups — including the Conservative 
Party, the Herstigte National Party, and the far right 
Afrikaner Weerstandsbeweging from speaking on plans for 
Namibian independence. This subject is reserved for officials 
of the South African Government. The Government arrested 
South African black activist Saths Cooper in February before 
he addressed a meeting on the black consciousness movement and 
its lessons for Namibia. Cooper was arrested for violating an 
old law prohibiting the entry of Asian people into the country 
without a permit. After the charges against Cooper were 
dropped, the Government later replaced the law with one that 
requires an entry permit for all persons not born in Namibia 
or who do not work for the Government . 

At least seven larger and several smaller labor unions are 
registered in Namibia, and all are nominally open to all 
races. However, only one has a sizable black membership: the 
Mineworkers Union of Namibia (MUN) based in Tsumeb. The 
Department of Civic Affairs reports that only the MUN and the 
Municipal Staff Association are functioning labor 
organizations. The MUN is represented in just one of the 
three mining firms, and neither union has been noticeably 
active. Migrant labor is a staple of the mining and fishing 
industries. Many of the migrant workers are Ovambos unwilling 
to risk being discharged and forced back to the operational 
area by loss of their income. 

c. Freedom of Religion 

Namibians enjoy complete freedom of religion. Almost all 
Namibians are Christians. The Lutheran Church has by far the 
largest share of adherents: the 1985 merger of two Lutheran 
branches formed the evangelical Lutheran Church, to which 7 
out of 10 Namibians belong. The Catholic, Anglican, 
Methodist, and Dutch Reformed churches are also active. There 
is 1 synagogue, and there are approximately 20 Jewish families 
in Windhoek. 

Most church officials are openly critical of South African and 
TG policies and complain they are regularly harassed and 
inconvenienced, e.g., by passport denials, by the 
authorities. The TG reportedly delayed one education aid 
project sponsored by the Namibian Council of Churches until 
the project was taken over by a secular group. South African 
Defense Force officials frequently argue that clerics are 
SWAPO sympathizers and supporters. The clerics have denied 
allegiance to SWAPO, stating only that they wished to see 
Namibia become truly independent. The military conscription 
system makes no provision for conscientious objectors. 



I 



304 



NAMIBIA 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

The February 1985 order under the security districts 
proclamation states that no person may enter six northern and 
northeastern districts without first obtaining a permit issued 
by the police. The districts are Ovamboland, Kavangoland, 
Kaokoland, Eastern Caprivi, Bushmanland, and Hereroland East. 
Everyone must apply in person at a police station and fill out 
a form giving their reason for travel. Approval of such 
applications can take up to 2 weeks. Since the order was 
issued, several people have been denied permits. In at least 
one case, the police refused to give reasons for the denial. 
Two journalists were refused permission to travel to Kaokoland 
to cover a poaching trial against security officials. 

Clerics in northern Namibia complain that these regulations 
greatly restrict their ability to attend to their 
congregations, particularly when they must travel from 
Ovamboland into Kavangoland. One church leader was offered a 
multiple-entry permit, but he rejected it as an illegitimate 
special privilege. 

Though enforcement of the requirement that travelers present 
permits at roadway checkpoints leading into the northern 
sectors has reportedly grown lax, travelers without permits 
still risk being turned away. A dusk-to-dawn curfew in the 
operational area also restricts freedom of movement. Leaders 
of various churches petitioned the Supreme Court to end the 
curfew as being inconsistent with the Government's Bill of 
Rights. The Supreme Court rejected the petition December 5, 
and the curfew remains in force. In addition, the potential 
danger of land mines discourages travel on unpaved roads. 

The authorities control travel beyond South Africa through 
denials of passports or "travel documents", which are required 
of Namibians seeking to journey overseas. Those persons 
deemed to be sympathetic to SWAPO or who are officially 
associated with SWAPO are usually given passports valid for 
only 1 year rather than the regular 5-year period. Gwen 
Lister, editor of the Namibian, and SWAPO Secretary-General 
Toivo Ja Toivo are two persons who have been given the more 
restricted passports. In some cases, individuals are refused 
passports altogether, as in the 1986 case of Roman Catholic 
Bishop Kameeta. All persons entering South Africa or Namibia 
must have a passport and visa unless they can prove to be 
South African or Namibian by law or descent. 

In November 1985, the TG's appointed National Assembly passed 
a law requiring non-Namibians to apply for special permits if 
they wish to reside in Namibia for longer than 30 days. Three 
South Africans were deported in April 1986 under this 
"Residence of Certain Persons in South West Africa Regulation 
Act", which allows for the deportation of people who threaten 
the public order. The Act applies to all non-Namibians and 
those outside the Government and armed forces. However, the 
Windhoek Supreme Court ruled in November that the Residence of 
Certain Persons Act violated the Government's Bill of 
Fundamental Rights and thus was invalid. The TG has appealed 
the decision. Travel restrictions also allegedly occur at the 
local level. One of Namibia's 11 ethnic authorities, the 
Rehoboth Basters, reportedly jailed 24 Ovambos for being 
present in the Rehoboth area without residence permits. Such 
restrictions are illegal under the central Government's law. 



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NAMIBIA 

There are approximately 80,000 Namibian refugees in other 
African countries. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government. 

Namibians do not have the right to change their Government. 
Ruled by an Administrator General prior to June 17, 1985, they 
are now ruled by South Africa through the Transitional 
Government which they did not elect and which is not 
accountable to them. Theoretically the TG has full control 
over all government portfolios, excepting defense and foreign 
affairs, which the South African Government retains. The six 
parties of the TG divided the cabinet seats among themselves 
after sustained negotiations. No elections were held. The 
Cabinet enacts legislation through a National Assembly, whose 
•members were appointed by the six parties. 

In 1978 the prospect of independence led to the creation of a 
number of political parties seeking representation through the 
election mandated by United Nations resolution 435. At one 
time, some 47 political organizations existed, several of 
which had only a handful of members. In 1986 about a dozen 
political parties have credible structures and membership 
rolls. Six of these parties take part in the TG. 

The TG inherited a complex three-tier administrative 
structure. The first-tier is the central government level. 
The second-tier authorities are separate ethnic governing 
bodies representing each of the 11 officially designated 
population groups. Third-tier authorities, such as municipal 
governments and village management boards, provide local 
services. The control of facilities such as schools, 
hospitals, and libraries by the ethnic second-tier authorities 
results in the best available facilities being reserved for 
whites, who enjoy a much higher tax base. The issue of 
whether to dismantle the second-tier structure or, if not, how 
to amend it, is the most divisive question facing the TG. 

There is an informal plan, put forward in April 1986 by one of 
the TG parties, the Democratic Turnhalle Alliance (DTA), and 
another by two black-led parties, to replace the second-tier 
ethnic authorities with districts or provinces. The DTA plan 
calls for the formal division of the country into 19 
districts, while the plan proposed by the South West African 
National Union (SWANU) and SWAPO-democrats of the TG divides 
the country into 6 provinces. The DTA plan also would provide 
for one-man, one-vote for a 60-member national assembly, and a 
60-member senate. Throughout 1986 the Constitution Council 
continued to grapple with developing a draft constitution, 
which is due to be tabled in the National Assembly in early 
1987. According to the rules under which it was created, a 
two-thirds vote in the Assembly will be required to approve a 
draft, if a consensus cannot be reached. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Administrator General and the TG generally permit critics 
of Namibia's human rights situation to visit Namibia. For 
example, the Namibian Council of Churches (NCC) occasionally 
sponsors visits of persons and groups critical of the internal 
situation. According to Amnesty International's 1986 Report, 



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NAMIBIA 

the Administrator General, in response to 1985 allegations of 
torture, issued a three-page document which stated that 
military personnel had been warned against mistreatment of 
detainees and "unlawful acts of violence." The Namibia 
Communications Center, an ecumenical agency based in London, 
chronicles reported human rights abuses in Namibia. The 
International Society for Human Rights Conference in London in 
March included considerable criticism of SWAPO's human rights 
record. 

The South African Government ordered officials of the 
International Committee of the Red Cross out of South Africa 
and Namibia in October 1986 in retaliation for the Red Cross 
Conference vote to expel the South African delegation from its 
conference in Geneva. However, this decision was rescinded in 
November . 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Namibians are of diverse linguistic and ethnic origins. The 
principal groups are the Ovambo, whites, Damara, Herero, 
Okavango, Nama, colored (mixed race). East Caprivian, Bushmen, 
Rehoboth Baster, Kaokovelder, and Tswana. Namibia's 
population was estimated at 1.2 million in 1982 with Africans 
comprising almost 86 percent and the largest group, the 
Ovambo, constituting 51 percent of the total. 

In 1977 Judge T. Marthinus Steyn used his tenure as 
Administrator General to ease apartheid in Namibia. Laws 
prohibiting interracial marriage and sexual relations were 
repealed, and laws restricting the movement of individuals 
based on race were abolished. Today integrated facilities are 
the rule. Most hotels and restaurants are officially open to 
all races. However, at least one Windhoek restaurant 
blatantly maintains a whites-only admission policy. Several 
others seem to use more subtle methods to discourage black and 
colored patrons. Poverty restricts most blacks and coloreds 
from moving out of their respective townships into the white 
neighborhoods of Windhoek. In December 1985, Namibia's 
libraries, including the Windhoek public library, which were 
operated by the second-tier administration for whites, were 
opened to all groups. 

Namibia no longer has an equivalent of the South African Group 
Areas Act, which restricts areas of domicile by race, but 
economic factors keep the races largely divided. The TG is 
grappling, so far unsuccessfully, with devising an alternative 
to AG 8, the legislation which created 11 different ethnic 
second-tier authorities which provide for segregated education 
and other public services. Under the system, whites, who 
provide 90 percent of the country's tax revenues, pay only for 
the upkeep of white schools and services. 

The Cabinet recommended that all schools be opened to all 
races in 1987, but two parties in the TG, the White National 
Party of South West Africa and the "colored" Rehoboth Free 
Democratic Party which control their own schools, opposed the 
move, and the plan has been shelved for the 1987 school year. 
President Botha reportedly told TG officials in October that 
they should not go ahead with wholesale desegregation of the 
schools but rather continue to recognize group, as opposed to 
individual, rights. 



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NAMIBIA 



Women encounter considerable difficulties in both traditional 
and modern settings. Under traditional practice, a woman is 
usually the ward of her father or, when married, her husband. 
She is never independent. Women in the modern sector complain 
of discrimination in employment and in financial affairs. 
Women's groups have been formed generally under the auspices 
of the churches. Women are represented in the National 
Assembly, though not in the Cabinet. In 1985 the Council of 
Churches helped establish a women's organization, the Namibian 
Women's Voice (NWV) , whose representatives traveled to Nairobi 
for the U.N. conference marking the end of the U.N. decade for 
women. In Nairobi these 18 women joined 18 Namibians in exile 
and sat together as a united delegation. The NWV has 
undertaken projects commemorating the role of women in 
Namibia's history. 

CONDITIONS OF LABOR 

There is no minimum wage in Namibia. The minimum working age 
is 15. Reliable information about the extent to which 
occupational health and safety standards are enforced in 
Namibia is not readily available. 



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SUDAN 



The Transitional Military Government, which took power after 
the overthrow of the undemocratic regime of President Nimeiri 
in April 1985, presided over elections a year later as it had 
promised. Although rebel activity prevented elections in 37 
southern districts (over half of the south' s total), voting in 
the rest of the country was orderly, peaceful, and fair, the 
first free elections since 1968. The new coalition 
Government, consisting of six political parties and headed by 
Prime Minister Sadiq al-Mahdi, took office in May pledging to 
restore democracy and the basic rights of its citizens. 

Despite this democratic achievement, the civil war in southern 
Sudan continued unabated. The rebel Sudan People's Liberation 
Movement/Army (SPLM/SPLA) has escalated military pressure on 
the central Government, calling for a new constitution, new 
elections, repeal of the Shari'a laws, and a more equitable 
division of political power between the north and the 
historically disadvantaged south. With shifting guerrilla 
tactics by the SPLA and the Government's arming of ethnic 
militias to combat the SPLA, law and order have broken down in 
large areas of the south. Bandits and cattle raiders operate 
openly alongside government and SPLA forces in southern 
Kordofan, eastern Equatoria, central Equatoria north of Juba, 
and along the border with Uganda. 

Against this civil strife, and against a continuing burden of 
1 million refugees, the economy continued its slide in 1986 
with a further drop in export earnings, an inflation rate as 
high as 50 percent, high unemployment, and a large and growing 
($10 billion) foreign debt. On the other hand, after 3 years 
of drought and famine, Sudan enjoyed its largest grain harvest 
ever. But the fighting in the south raised the spectre of 
starvation there, with hundreds of thousands at risk. After 
the SPLA shot down a civilian aircraft in August, killing all 
63 people on board, further SPLA threats against air traffic 
in the south hindered international efforts to provide famine 
relief. In turn, the Government refused to allow relief 
shipments to civilians in rebel-held areas Both sides used 
famine as a political weapon, while efforts to negotiate a 
peace accord reached a stalemate. 

Sudan has made considerable progress toward restoring human 
rights since the Nimeiri regime was overthrown. The 
transitional Constitution of October 10, 1985 remains in 
effect. All political forces, including the SPLM, have 
indicated they look to a projected constitutional conference 
as their opportunity to establish a new, democratic 
constitution as the basis for Sudan's future. No statistics 
are available on abuses in the war zones, but the migration of 
people out of these areas and their chilling reports imply 
widespread disregard for human life and basic human rights by 
all parties active there. 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

During the election campaign in March and April, two southern 
candidates were murdered, Joseph Kabulu in eastern Ecjuatoria 
and Morris Abal Servino in western Bahr al Ghazal. 
Investigations tend to point to political rivals, but no one 
has been brought to trial in either case. 



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SUDAN 

Reports from a variety of sources suggest that in southern 
Kordofan ethnic violence and lawlessness increased during 
1986. Dinka communities, for example, report raids in which 
Messariya Arab nomads burned houses, stole cattle, raped 
women, and abducted young people for use as slaves. 
Independent confirmation is difficult, but petitions and 
police reports from communities in the area show a serious 
breakdown of security. Stories of less serious incidents 
circulate about other areas in the south where armed militias 
have used their power against civilians. In the course of 
this increased lawlessness, there have been numerous 
casualties, both civilian and military. In late December, the 
Sudanese Government announced that its soldiers had shot dead 
22 wounded SPLA captives. The Government tried to portray 
this as euthanasia, but it probably constitutes a 
contravention of international law. 

b. Disappearance 

There were no known abductions by Sudanese Government 
agencies, but the SPLA kidnaped a German relief worker in 
January, a Norwegian missionary in March, and two American 
nuns in July. All four were released unharmed. The SPLA has 
also been accused of abducting 41 Messariya Arab tribesmen in 
southern Kordofan in September, one of the nomadic groups 
which the Government has been arming. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

A major objective of the SPLA is the removal of the Shari'a 
laws. While they are still officially in force, the "hadd" 
punishments of the Islamic "September laws" of former 
President Nimeiri, including amputations and hanging, have not 
been applied since April 1985 when Nimeiri was overthrown. 
The Chief Justice and the Supreme Council (the five member 
body that serves as the Head of State) must both sign 
authorizations for "hadd" punishments. Neither the Council 
nor the transition Government signed any such authorizations. 
Flogging does occur, but less frequently and less severely 
than during the period prior to the 1985 change of government. 

Cases of torture are rare, but police treatment of persons 
under arrest reportedly is sometimes brutal. One known case 
was reported from southern Kordofan where a Nuban Anglican 
priest. Father Jebrayil Tutu, was arrested by local 
authorities in Kadugli in May 1985 on suspicion of aiding the 
SPLA. Although formal charges were never brought against him, 
he was tortured under qijestioning: his hands were tied so 
tightly that he has lost their use, and his legs were bound to 
an exhaust pipe while he was left outside in the sun all day; 
he is still recovering from severe burns. In general, prison 
conditions are poor, due largely to Sudan's poverty, and local 
treatment of prisoners varies considerably, from shackling 
prisoners to allowing them to go home at night. 

Little information is available on the treatment of prisoners 
of war in the southern conflict. Neither side admits to 
holding prisoners, although there was a rare publicized 
exchange in August outside the southern town of Wau . It is 
reportedly SPLA policy to induce prisoners to join the SPLA, 
plying them with propaganda about the movement . According to 
a variety of sources, the SPLA has generally released 
prisoners it takes. In the case of the highly publicized 



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SUDAN 

kidnapings of expatriates, the SPLA eventually released them, 
and there were no reports of ill treatment. On the other 
hand, southerners claim that government troops torture SPLA 
captives or people suspected of being SPLA sympathizers in 
order to get information. 

d. Arbitrary Arrest, Detention, or Exile 

In 1986 the Government released or put on trial for specific 
charges the last of the political prisoners from the former 
Nimeiri regime and those detained under the transitional 
Government. On January 1, Independence Day, 119 prisoners 
were released nationwide. While the national record is 
commendable, the situation in the south has deteriorated. 

The extent of arbitrary arrest in the south is not well 
documented, but such arrests are reportedly used at the local 
level in all three regions to control collusion with the rebel 
SFLA. In October Khartoum newspapers reported a list of 29 
government officials detained in Malakal for allegedly 
sympathizing with the SPLA. Other sources confirm that 
persons on the list are being held without charge. Although 
some detainees have been permitted to see visitors, the exact 
number of detainees is not known; one estimate is more than 
60. Similar detentions may also occur in other areas of the 
south, but the state of communications between north and south 
has been reduced to rumor and a few radio links. North of 
Malakal, there is no specific evidence of arbitrary arrest and 
detention. 

Sudan's code of criminal procedure, modeled after British law, 
requires a warrant by a competent magistrate for arrest; 
arrests made at the scene of a crime must be followed by a 
statement of charges within a specific period of time. The 
accused must be informed of the charges against him and 
permitted legal counsel. Only certain capital offenses do not 
permit bail. However, Sudan's legal system includes measures 
under the state of emergency, still in effect although not 
enforced, which give wide powers of arrest and preventive 
detention to the Government. Technically, these could be 
invoked at any time. 

There were no known cases of involuntary exile in 1986, nor of 
forced labor. 

e. Denial of Fair Public Trial 

The judicial process involves a police or magistrate 
investigation, a field report, an arrest warrant, the arrest, 
and a trial before a panel of three judges. Trials are public 
except in rare cases where the accused requests a closed 
trial, for example to avoid scandal. Defendants have the 
right to present evidence, speak on their own behalf, and to 
obtain legal representation. There are legal aid services for 
the poor, but their resources are limited; the Attorney 
General's office tries to apportion the aid to those facing 
serious charges who are most in need. A case may be appealed 
through the full series of courts from the magistrate level to 
the High Court of Appeals. 

The appointment of judges is now made by a committee within 
the judiciary, generally considered independent of political 
forces. One case of a judge in Equator ia being dismissed in 
late 1985 by the regional administration for making political 



311 



SUDAN 

judgments sympathetic to the SPLA was taken through the 
appeals process in 1986 on the grounds that the local 
government did not legally have the authority to dismiss the 
judge. Several Equator ian judges supported the case by going 
on strike from September 1985 to March 1986. The case was 
resolved by two of the striking judges being dismissed, the 
regional head of the court of appeals transferred to Malakal, 
and the judge who was originally dismissed being sent to serve 
in Khartoum's traffic court. 

The trials of former Nimeiri officials continued in 1986, most 
notably the "Falasha" trial of Omer al Tayeb, Nimeiri 's Vice 
President and head of his secret police, for participation in 
the airlift of Ethiopian Jews to Israel in 1985. These trials 
were technically conducted under Nimeiri 's National Security 
Act (1973), which permits special courts for security 
offenses. However, the transitional Government chose to press 
criminal charges and the procedures have followed those of the 
standard courts. Omer al Tayeb was sentenced to 20 years in 
prison and fined for abuse of power, intimidation, blackmail, 
agitation, and bribery. For the Falasha airlift itself, al 
Tayeb received two sentences of life imprisonment for ordering 
state security to work for a foreign power and for endangering 
the independence of Sudan, and a fine equivalent to $6 million 
for obtaining wealth illegally. 

f . Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

There were no complaints of governmental interference with the 
privacy of ordinary Sudanese citizens. Refugees, however, 
have been rounded up in Khartoum and either detained or fined 
for not having their documents with them. 

Section 2. Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The Government actively affirms freedom of speech and the 
press, although there are still restrictions on freedom of 
assembly (see Section 2.b.). During the first free election 
campaign in 17 years in April 1986, there was widespread 
expression of opinion by over 40 political parties and a 
still-growing number of independent and party newspapers. The 
Government closed its two major daily newspapers in August 
while debating whether it should own newspapers in a 
democratic society. 

The transitional Government approved new regulations to ensure 
the independence from strict government control, of Sudan 
Radio and Television Corporation and the Sudan News Agency. 
The new Government has not implemented these regulations, but 
apparently the Sudanese News Agency (SUNA) , Sudan Radio, and 
Sudan Television have attempted to be nonpartisan, 
independent, and neutral. 

Subtle curbs, however, do exist on freedom of expression. 
After the August incident in which the SPLA shot down a 
civilian airliner, the Prime Minister went on record saying 
that further contact with the SPLA would be considered 
treasonous, as would publications sympathetic to the SPLA. An 
article by a professor at the University of Khartoum was 
subsequently rejected by a major daily newspaper on that 
ground. Several editions of the southern newspaper Nile Star 



66-986 0-87-11 



312 



SUDAN 

published in Equatoria have been destroyed by local officials 
to prevent its distribution. Elsewhere in the south, pressure 
comes from military and government officials to silence 
opposition opinion. 

Due to the escalation of war in the south, the Government has 
taken over the private radio of the Sudan Council of Churches 
(sec) in Malakal and Wau and other radio links to Khartoum. 
In Wau, the SCC radio is released for SCC use in the morning 
but commandeered by the Government for the rest of the day. 
In Malakal, local security officials control the radio, 
although they have permitted SCC to use it in their presence. 

For lack of money, the Sudanese Government has dropped 
subscriptions to all Western news services, except for Agence 
France Presse. 

b. Freedom of Peaceful Assembly and Association 

Sudan's new democratic Government has not yet lifted the state 
of emergency declared by ex-President Nimeiri, giving the 
Government wide control over public assembly. Although the 
Government has refrained from invoking most emergency powers, 
permits are required for large political meetings and 
demonstrations. Permits have been denied for some potentially 
controversial events such as anti-SPLA marches or 
demonstrations by radical university students. 

The transitional Constitution of 1985, still in effect, 
guarantees the rights of workers to organize and bargain 
collectively. The primary labor organizations are the 
Sudanese Workers Trade Union Federation (SWTUF), the Sudanese 
Federation of Employees Trade Unions (SFETU), and the Trade 
Unions Alliance, representing respectively blue collar, 
nonprofessional white collar, and professional white collar 
unions. Trade unions from all parts of the country are 
represented in these federations. The Sudanese labor union 
movement played an active role in the overthrow of Nimeiri in 
1985 and the formation of the transitional Government leading 
to elections in 1986. The SWTUF continues to participate in 
both regional and international labor activities. 

Strikes are legal except within the judiciary, the armed 
forces, and police, and they have been held without 
repression. Some have been declared "illegal strikes" when 
the process of negotiations and arbitration was not allowed to 
run its course before the strike (legal only as a measure of 
last resort) was called. 

c. Freedom of Religion 

Islam predominates in the northern two-thirds of Sudan, while 
traditional African religions and Christianity are the major 
beliefs in the south. Small Christian (Coptic, Greek, Syrian, 
Armenian) and minuscule Jewish communities exist in the north, 
primarily in Khartoum. Non-Muslim southerners have migrated 
to ngrthern cities in increasing numbers in search of work or 
to escape the famine in the south, swelling the congregations 
of the Roman Catholic and Protestant churches there. Both 
Islam and Christianity are recognized as religions of Sudan, 
but adherents to other religious beliefs are not legally 
restricted . 



313 



SUDAN 

The current coalition partners of the Government, the Umma 
Party and the Democratic Unionist Party (DUP), are based in 
the Ansar and Khatmiyya Islamic orders respectively. The 
opposition National Islamic Front (NIF) is composed of 
fundamentalist Muslims. The transitional Constitution now in 
effect retains Islamic law and custom as the main source of 
legislation, and most southerners oppose it as inherently 
discriminatory against them. A perennial major issue of 
debate in the Constituent Assembly remains proposed amendments 
to the Constitution which redefine but retain Islamic law as 
its basis. The NIF advocates retaining strict Islamic law, 
while the Umma and DUP may accept some recognition of 
Christianity and other religions as sources of legislation in 
addition to Islam. Southern deputies and the SPLM advocate 
return to a secular constitution. 

While both Muslim and Christian missionaries are active in 
Sudan, Christians claim that they may not preach to Muslims; 
three people were reportedly arrested in Dongola, northern 
Sudan, this year for doing so. Christian denominations have 
not been granted building permits for new churches for many 
years in contrast to the numerous mosques being constructed in 
both the north and the south. Although their congregations 
are growing rapidly, the Khartoum Christian churches have been 
confined to the buildings constructed during colonial times or 
to preaching outdoors, which requires an assembly permit. 
Christian groups have also had difficulty obtaining required 
permits for conducting relief work among displaced southerners 
in the northern cities. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Freedom of movement within Sudan has been effectively 
restricted by the expansion of the war in the south. The 
SPLA's shooting down of a civilian airliner in August halted 
traffic to southern airports for 2 months. Continuing SPLA 
threats to shoot down either civilian or military planes 
inhibited the airlift of relief supplies to the cities in risk 
of starvation, particularly Wau and Malakal. Rail and river 
transport were halted, and road transport severely affected, 
by rebel activity in most areas of the south. 

Thousands of southerners have begun fleeing north to escape 
the war. Their resettlement in northern towns has not been 
restricted, but provisions exist which could be invoked at any 
time for moving destitutes out of the cities and removing 
shanty towns. 

Sudan has welcomed approximately 1 million refugees and 
drought victims from Ethiopia, Uganda, and Chad, but they face 
increasing resentment from local populations which have few 
resources to share with them. For refugees, movement within 
Sudan requires specific documentation. It is becoming more 
difficult for Ethiopian refugees to leave the eastern 
settlements to work in the cities. Technically, in order to 
travel they must first obtain a work permit which is given for 
holding a specific job, not for finding work. Recently 
policies have been proposed for forced resettlement of 
refugees in rural areas and for the resettlement of Ugandan 
refugees away from the border . 

Over 500 Ethiopian refugees were expelled by Sudanese Refugee 
Commission officials in July. They were returned to the 



314 



SUDAN 

Ethiopian border after they were refused refugee status in 
Sudan. United Nations High Commissioner for Refugees 
officials were only informed of these involuntary 
repatriations after the fact. 

Sudan requires exit visas for anyone leaving the country. 
This requirement can be used to restrict individuals from 
foreign travel: for example, unmarried women cannot travel 
alone and must be accompanied by a family member or other 
sponsor. Exceptions are possible but are infrequently 
granted. 

Section 3 Respect for Political Rights: the Right of Citizens 
to Change Their Government 

Sudan held free and fair elections in April 1986 for the first 
time since 1968. A broad spectrum of parties participated in 
these elections ranging from the Communists to the 
fundamentalist National Islamic Front (NIF), and many parties 
in the political center. A coalition Government formed in May 
includes the Umma, Democratic Unionist Party (DUP), and four 
small southern parties, with the NIF and the communists in the 
opposition. A five-member Supreme Council, with two Umma, two 
DUP, and one southern member, constitutes the collective Head 
of State. Division of power among the Constituent Assembly, 
the Council of Ministers, and the Supreme Council is broadly 
based on the transitional Constitution; but specific areas of 
authority have been gradually defined in practice, with the 
Council of Ministers, particularly the Prime Minister, 
controlling key decisions such as economic, defense, and 
foreign policy. 

Thirty-seven of 68 seats representing southern constituencies 
(of a national total of 301) remain unfilled in the National 
Assembly. Elections were not conducted in those districts due 
to security concerns related to the war. Even in the southern 
districts where elections did take place, the number of voters 
was small in relation to the population; southerners are thus 
heavily underrepresented in the current Government. 

There are only two women deputies in the National Assembly, 
and there are no women serving in the Cabinet or in other high 
office. There is one woman judge on the Court of Appeals. 
Women and men did have equal voting rights in the April 
elections . 

A national constitutional conference has been under discussion 
since the time of the transitional Government. The newly 
elected Government created a special ministry to oversee the 
convening of this conference, but no fixed date or 
arrangements have been set. Sudanese of different parties 
hold different views of the conference. Some see it as a 
foriam for peace negotiations with the SPLM; others as a more 
technical body to draft specific articles for a new 
constitution. Most charge the conference with establishing 
the basis of Sudan's government, whether it should have a 
federal system, the status of Islamic law, and resolving other 
central issues of national debate. One of the key issues will 
be regional autonomy. It was a 1983 decree by Nimeiri 
dividing the south into three regions, thereby abrogating the 
1972 Addis Ababa accords, that greatly revived southern 
opposition and military insurgency. Until these issues are 
resolved, Sudan will continue under the transitional 



315 



SUDAN 

Constitution, which contains a certain ambiguity about the 
division of duties within the national Government and between 
the national Government and the regions. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The new democratic Government of Sudan has advocated a return 
to observance of human rights after the autocratic rule of 
Nimeiri. The Government has been receptive to investigations 
by international human rights organizations including Amnesty 
International, The International Commission of Jurists, and 
the Arab Human Rights Organization. Sudan ratified the 
Organization of African Unity Human and Peoples' Rights 
Charter in March 1986. Khartoum was the site of the Arab Bar 
Association's conference on human rights in the Arab world in 
December 1986 in recognition of the role played by the 
Sudanese people in toppling authoritarian rule. 

Sudan's Human Rights Organization, founded in 1985, has a 
growing membership under the direction of an executive 
committee and a trusteeship council of lawyers and academics, 
and has received grants from abroad. Its campaigns have 
concentrated on international issues, specifically a campaign 
for the release of Nelson Mandela and another for the release 
of Somali prisoners. There is debate within the organization 
over the utility and timing of future campaigns for local 
human rights issues, particularly in the south. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Sudan's population of 21.1 million (1984) is composed of two 
distinct cultures — Arab and black African. (There are also 
small communities of Greeks, Armenians, Syrians, and Copts.) 
Sudanese, especially those in the periphery, recognize and 
resent the Government's emphasis on central and northern 
Sudan, where the population is most fully Arabized. 
Historically, all of Sudan's governments have featured 
political and economic domination by northern Muslims 
(approximately 13 million), and, within this group, of a few 
prominent families. Two of these families lead the Umma and 
Democratic Unionist parties which form the core of the current 
coalition Government. Non-Arab and non-Muslim groups in the 
ethnically diverse south and among the Nuba of the Kordofan 
Mountains and partially Arabized Muslim groups, such as the 
Fur in the west and the Beja in the east, have begun 
mobilizing to demand a greater share of the nation's economic 
development and political power. 

Southerners coming north looking for work or to escape the war 
face social discrimination by the Muslim Arab majority. Rents 
may be artificially raised to keep southerners or refugees 
from residing in certain areas. Southern students, unable to 
attend schools in the war zones, have had difficulty finding 
places in the northern schools. This is partly due to 
overcrowded conditions, but some of those who were placed in 
secondary schools left voluntarily because they were so badly 
treated by the local population. 

While men and women retain traditionally segregated roles 
within Sudanese society, a few women play an active role in 
the professions, the press, and higher education, and they 



316 



SUDAN 

attend national and international forums. Separate 
educational facilities for males and females are the rule, 
however. Female circumcision, although illegal, is widely 
practiced throughout northern Sudan. Efforts to eradicate it 
have failed so far, despite significant concern among educated 
women . 

CONDITIONS OF LABOR 

In the modern sector, Sudanese labor law and practice embrace 
international standards. The workweek is limited to 6 days 
and 48 hours, with a full 24-hour rest period. Custom grants 
an extra month's pay for each year's labor, as well as 
allowances for transportation and sometimes for housing. 
Prescribed minimum wages for blue collar workers are $32 per 
month and for white collar workers $96 per month. Annual 
raises must be a minimum of 5 percent of annual salary. The 
salary scale for industries sets a higher minimum wage than 
that for government workers. Under Sudanese law, the minimum 
age for workers is 16. All workers, including domestic 
servants, enjoy paid annual holidays prescribed by law. 
Sudanese labor law also prescribes health and safety 
standards, but in a country where the general standards are so 
low, conditions are poor and enforcement of standards is 
virtually nonexistent. Many Sudanese youth are self-employed 
or employed in family enterprises. 



317 



U.S. OVERSEAS 



■L04NS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS 
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS) 



COJNTRY: SUDAN 



1934 



1935 



1986 



I.ECON. ASSIST. -TOTAL.. 

LOANS 

GRANTS 

A. AID 

LOANS , 

GRANTS , 

(SHCSU"?. ASSIST.) .., 
B.rOOO FOR PEACE.. .. .., 

LOANS , 

GRANTS , 

TITLE I-TOTAL 

REPAY. IM $-LOANS 

PAY. IN FOR. CURR 

TITLE II-TOTAL , 

c. RELIEF. EC. DEV 3 WFP, 

VOL. RELIEF AGENCY 

C.OTHER E:oN. ASSIST.., 

LOANS 

GRANTS , 

PEa:£ CORPS 

NARCOTICS 

OTHER 



II.MIL. ASSIST. -TOTAL, 

LOANS 

GRANTS 

A.^1AP GRANTS , 

3. CREDIT FINANCING., 
:.INTL MIL. ED.TRNG. . 
D.TRAN-EXCESS STOCK, 
= . OTHER GRANTS 



III. TOTAL ECON. i MIL, 

LOANS , 

GRANTS 



197.5 


303.6 


71.2 


50.0 


64.5 


0.0 


U7.5 


239.1 


71.2 


146.3 


149.3 


71.2 


0.0 


0.0 


0.0 


146.3 


149.3 


71.2 


120.0 


114.0 


10.0 


51.1 


154.3 


0.0 


50.0 


64.5 


0.0 


1.1 


89.8 


0.0 


50.0 


64.5 


0.0 


50.0 


64.5 


0.0 


0.0 


0.0 


0.0 


1.1 


89.8 


0.0 


1.1 


89.4 


0.0 


0.0 


0.4 


0.0 


0.1 


D.O 


0.0 


0.0 


0.0 


0.0 


0.1 


0.0 


0.0 


0.1 


D.O 


0.0 


O.D 


0.0 


0.0 


0.0 


0.0 


0.0 


46.5 


46.4 


17.0 


O.D 


3.0 


0.0 


46.5 


46.4 


17.0 


45.0 


45.0 


16.1 


0.0 


0.0 


0.0 


1.5 


1.4 


0.9 


0.0 


0.0 


0.0 


0.0 


0.0 


0.0 


244.0 


350.0 


88.2 


50.0 


64.5 


0.0 


194.0 


2 3 5.5 


88.2 



OTHPR US LOANS 0.0 


0.0 0.0 


E<-IM BANK LOANS 0.0 

ALL OTHER 0.0 


0.0 0.0 
0.0 0.0 






ASSISTANCE FROM INTERNATIONAL AGENCIES 
1934 1935 1936 


1946-36 



TOTAL 


92.9 


76.9 


62.6 


1411.1 


IBRD 


D.O 


0.0 


d.o 


159.2 


IFC 


0.0 


0.0 


0.0 


33.2 


lOA 


91.4 


37.5 


62.6 


972.4 


103 


0.0 


0.0 


0.0 


6.0 


A03 


0.0 


0.0 


0.0 


0.0 


AFOB 


D.O 


38.1 


0.0 


115.9 


UNDP 


1.5 


1 .3 


■ 0.0 


85.5 


OTHER-UN 


0.0 


0.0 


0.0 


43.9 


EEC 


0.0 


0.0 


0.0 


0.0 



318 



SWAZILAND 



Swaziland is populated almost entirely by ethnic Swazis and 
governed as a modified traditional monarchy. The King rules 
in conjunction with the Queen Mother and is advised by 
traditional figures and the ministers of the Cabinet. 
Following King Sobhuza's death in 1982, there were disputes 
within the royal family which resulted in the replacement of 
the Prime Minister and the Queen Regent. The interregnum 
ended with the accession of Mswati III on April 25, 1986. 

Swaziland's Government features both "modern" and 
"traditional" branches — a cabinet, parliament, and courts 
which follow Western law, and a tribal hierarchy with 
"national" courts which follow Swazi law and custom. The 
Cabinet is appointed by and is responsible to the Monarch. 
The 1968 constitution containing a bill of rights was repealed 
by King Sobhuza II in 1973 on the grounds that it introduced 
political practices which were incompatible with the Swazi 
tradition of decisionmaking by consensus. Parliament reopened 
in 1979 with some members chosen through an indirect process, 
but the King remained vested with executive authority. 

National defense is provided by the Umbufto Swaziland Defense 
Force, consisting of fewer than 3,000 troops. The Royal Swazi 
Police is the primary internal security force. These forces 
are not able to cope with the spillover from the growing 
southern African regional conflict. Both African National 
Congress (ANC) militants and South African security forces 
created difficulties in 1986, the former attempting to use 
Swaziland as a base, the latter entering Swaziland to attack 
the ANC. 

Swaziland has an open market economy with large export firms 
that are freguently foreign owned. The Government encourages 
the growth of a modern, free economic sector which tends to 
reward initiative on a nondiscriminatory basis. Traditional, 
subsistence farming employs about 80 percent of the population, 

Human rights are generally respected in Swaziland. Although 
Swazi custom discourages public dissent against the 
Government, the crown's authority is limited by a complex 
system of traditional rights and responsibilities. The 
peaceful transfer of power represented by the King's 
accession, the release of the last political prisoners at the 
end of 1985, and the scrupulously conducted trials of two 
previously powerful figures in 1986 were positive developments. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no reports or allegations of political killings by 
agents of the Government. However, there were several 
incidents perpetrated by South African forces entering 
Swaziland illegally in June and December and striking at 
alleged ANC targets. On December 12, raiders from South 
Africa entered the country in apparent pursuit of ANC 
elements. In the process, they seized one man (subsequently 
returned with informal apologies) and shot his teenaged son. 
They also seized four other people; one was reported killed in 
the operation, two (Swiss nationals) were returned to 



319 



SWAZILAND 

Swaziland, and one reportedly remains in South African 
custody. Such illegal entry by South African forces is beyond 
the ability of Swaziland's small security forces to control. 

b. Disappearance 

There was one report of a disappearance. On June 26, a rural 
police station holding an ANC activist, Sidney Msibi, was 
raided by a group reportedly coming from South Africa. Msibi 
was apparently taken into South Africa, and there has been no 
further report of him. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

Torture is, as a rule, not practiced in Swaziland. However, 
there were some reports of police threats and beatings in the 
handling of common criminals and suspects. Defendants often 
charge that confessions have been extorted by the police, 
especially in trials dealing with ritual murder. These 
charges by the defense are sometimes found to be substantiated 
by the judges. Caning is occasionally administered to youths 
involved in either petty or violent crimes. Prisons are often 
overcrowded and unsanitary with low nutritional standards for 
the prisoners, a condition which probably reflects the 
country's economic limitations rather than any intent to 
inflict punishment. Prisoners are allowed visits from family 
members, and the main prison includes facilities for teaching 
manual trades. 

d. Arbitrary Arrest, Detention, or Exile 

Swazi law requires warrants for arrests in all but certain 
exceptional circumstances. These exceptions, however, are 
poorly defined and, in practice, police who have strong 
suspicions about a suspect do not normally seek a warrant. 
The police are allowed to hold a person for a "reasonable 
time" without charge. In some cases, this has led to persons 
being detained without charge for up to several weeks. Such 
detainees are allowed to consult with a lawyer of their own 
choosing, though some attorneys have had difficulty gaining 
access. Provision for bail exists. 

A 1978 detention law permits the Government to detain any 
person without charge for renewable periods of 60 days; this 
law is not often invoked, but has been used to detain 
political prisoners without charge, most recently in 1985. 
Detention under this law is not subject to appeal to the 
courts, though it may be appealed directly to the Monarch. In 
some instances, detainees have been held incommunicado under 
this law. There was no evidence of political detainees being 
deliberately held without charge in 1986. 

Forced labor does not exist in Swaziland. 

e. Denial of Fair Public Trial 

The right to a fair public trial is provided for by law and is 
honored in practice, although the court president can order a 
trial to be held in camera in certain (e.g., rape) cases. The 
Prime Minister can also recjuire that a trial be held in 
private, but this is very rare and has not been done for 
several years. The modern judiciary consists of a Court of 
Appeals, a High Court, and various subordinate magistrates' 



320 



SWAZILAND 

courts and is independent of executive and military control. 
Many members of the judiciary are not Swazis but are appointed 
from the bars of other countries with compatible legal 
systems. The Chief Justice, for example, is currently an 
Englishman. In magistrates' courts, the defendant is entitled 
to counsel at his own expense. Court-appointed counsel is 
provided in capital cases or where difficult points of law are 
at issue. There are well defined appeal procedures up to the 
Court of Appeals, the highest judicial body. 

The right of appeal, which normally applies in criminal/civil 
cases, is not guaranteed to persons held under the 1978 
detention law or to those persons charged with sedition. 
Although legislation passed in 1983 would allow sedition cases 
to be held in camera, no one has yet been tried under that 
measure. Since the release of five prisoners in December 
1985, there have been no political prisoners in Swaziland. 

In traditional courts, where ethnic Swazis may be brought for 
relatively minor offenses and violations of Swazi traditional 
laws or customs, legal counsel is not allowed, but defendants 
may speak in their own behalf. Swazi traditional law has not 
been formally codified. Both offenses and punishments are 
limited, and findings are subject to a review system and 
appeal to the High Court and Court of Appeals. Accused 
persons who desire counsel can insist that their case be 
transferred from the traditional courts. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

Swazi custom places a high value on home and family. In 
general, Swazi law requires a warrant issued by a magistrate 
before police may search homes or other premises. However, 
senior police officers are permitted to search for evidence 
without a warrant if the suspected crime is of a serious 
nature. This exception is frequently used. There is no 
evidence that the Government censors correspondence or commits 
other violations of the sanctity of the home. Nor are there 
efforts by the State to intrude into the private beliefs of 
the individual. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

Freedom of speech is limited. The Prime Minister and other 
officials have repeatedly directed that Swazis critical of the 
Government express their views only to their chiefs for 
discussion in traditional Swazi councils. Academic freedom 
does not extend to permitting direct attacks on government 
figures or policy. Antigovernment demonstrations or leaflets 
are regarded as seditious. Swazi radio and television 
stations are government controlled, and there is also a 
semiofficial newspaper. Private companies publish several 
newspapers and magazines. The media, both government- 
controlled and private, practice self-censorship, refraining 
from critical comment on government activities or on 
controversial issues involving the royal family. On several 
occasions in 1986, editors were directly cautioned by 
officials to avoid certain subjects. The Government has 
occasionally proscribed publications, including foreign 
publications, deemed to be prejudicial to the interests of 
defense, public safety, or public health. Two major South 



321 



SWAZILAND 

African publications, banned in 1985 from Swaziland because of 
critical articles on Swazi domestic politics, remain excluded. 

b. Freedom of Peaceful Assembly and Association 

The King's proclamation of April 12, 1973, prohibits meetings 
of a political nature and processions or demonstrations in any 
public place without the consent, sometimes withheld, of the 
Commissioner of Police. In practice, however, no permit is 
required for most gatherings. Except for the prohibition of 
certain antigovernment activity, freedom of association is 
generally permitted. Trade associations and professional 
bodies exist in Swaziland and maintain relations with 
recognized international bodies in their fields. 

The Industrial Relations Act (IDA) of 1980 reaffirms the right 
of trade unions to exist, organize, and associate freely. It 
also provides for an Industrial Court for the settlement of 
disputes arising from employment. A High Court judge presides 
over the Court. The Industrial Court is empowered to hear and 
determine trade disputes and grievances, to register 
collective agreements, to hear and determine matters relating 
to collective agreements, and to enjoin any organization from 
striking or continuing to strike. 

Strikes are rare in Swaziland and are generally considered to 
be "unSwazi" by the Government and most of the population. 
The Government generally intervenes beforehand to reduce the 
likelihood of a strike, which cannot be legally called until 
all avenues of negotiation have been exhausted. The Labor 
Commission can then issue a 14-day postponement which can be 
extended when additional documentation is presented. Where 
the national interest or welfare is concerned, the Minister of 
Labor can forbid a strike or can refer the dispute to the 
Industrial Court. 

Trade unions have widened the scope of their activities since 
1981 but, since most Swazis are subsistence farmers, they play 
a small role in the economy and have little political 
influence. They are able, within limits, to operate 
independently of government or political control. One notable 
exception occurred in January 1986, when the Government 
refused to allow an international congress of trade unionists 
scheduled to meet in Swaziland to take place, reportedly 
because invitations were sent out to international 
representatives without first obtaining clearance from the 
Government. The Swaziland Federation of Trade Unions, the 
union umbrella organization, participates in the International 
Labor Organization and is a member of the Organization for 
African Trade Union Unity. 

c. Freedom of Religion 

Swaziland is traditionally hospitable to all religious 
beliefs, informally considers itself to be a Christian 
country, and permits a wide variety of foreign missionary 
activity. Organized religions are free to establish places of 
worship and train clergy. No licenses are required for such 
organizations or in order to publish religious texts, nor are 
there any bars to religious travel outside the country. At 
the same time, the authorities promote the observance of Swazi 
customs, where adherents reap an advantage in public life. 
When these customs conflict with religious beliefs, there are 
occasional difficulties. In the past, for example, the 



322 



SWAZILAND 

Government has objected that pastoral letters criticizing 
social injustice constituted political interference. However, 
no such instances occurred in 1986. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

Swazis may travel and work freely within Swaziland. Those who 
have left the country may freely return, and citizenship is 
not revoked for political reasons. Swazis generally can 
obtain a travel document to travel to some states in southern 
Africa, but the Government occasionally refuses to issue a 
passport if the applicant does not appear to have adequate 
means of support while abroad. Citizenship for nonethnic 
Swazis can be difficult to establish, creating problems in 
obtaining passports and other civil documents. Swaziland is a 
signatory to the U.N. Protocol Relating to the Status of 
Refugees, and treats displaced persons from neighboring 
countries well. By far the largest number of refugees is the 
7,000 primarily ethnic Swazis from South Africa who fled Zulu 
administration in the black South African homeland of Kwazulu. 

In recent years, a large number of Mozambicans have entered 
Swaziland illegally to escape the drought and the escalating 
civil conflict in Mozambique and to seek employment. By the 
end of 1986, Swaziland had granted first asylum to 5,500 
Mozambican refugees. In most cases, Swaziland permits the 
UNHCR to interview the asylum-seeker first and grants asylum 
if the person can argue convincingly that he or she will face 
persecution if repatriated. In some cases, apprehended 
illegal Mozambicans are deported. Refugees who leave 
Swaziland on U.N. travel documents (e.g. for study abroad) are 
sometimes not allowed to return. 

As in previous years, in 1986 Swazi police arrested a number 
of non-Swazi ANC activists. They were turned over to the 
local UNHCR representative for transfer to neighboring 
countries (primarily Tanzania) willing to receive them. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Swaziland is ruled by the King-in-Council . This means that 
ultimate decisions concerning matters such as political 
policy, the appointment of ministers, or issuance of decrees 
are made by the Monarch after obtaining the advice of senior 
members of the royal family, the senior chiefs, the Cabinet, 
and members of Parliament. This consultation takes place in 
private, and public debate of political matters under 
consideration by the Monarch is rare. Legislation is passed 
by the Parliament and is then submitted to the Monarch for 
assent — which may be withheld. While political power is not 
confined to the royal family, it is concentrated there. This 
system is essentially a version of the traditional Swazi form 
of government as modified during the long reign of King 
Sobhuza II. It provides for extensive consultation and 
depends on slow consensus building. The system does not 
exclude white or mixed-race Swazis, but it does place a 
premium on ethnic-Swazi descent and especially on royal or 
other traditionally prized connections. The second most 
powerful person in the kingdom is traditionally the Queen 
Mother, and other women play prominent roles as well. 



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Political parties are outlawed, and an organized political 
opposition to the Government in the sense of a multiparty 
system does not exist. Members of Parliament (50 in the House 
of Assembly and 20 in the Senate) are chosen in an intricate 
manner involving the interactions of 40 regional councils, 80 
electors, and the Monarch's appointive powers. The Parliament 
has served occasionally as a forum for examination and 
criticism of government policies, but matters are seldom 
pressed to a vote and, when they are, unanimity is usually the 
result. One of the ministers is a nonethnic Swazi, as are a 
number of members of Parliament. Several women are also 
members of Parliament. The Crown does not descend by 
primogeniture. After the death of the King, the heir to the 
throne is chosen from among the King's surviving sons by 
senior members of the royal family. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

Swaziland does not play a prominent role in international 
human rights matters. There is no public indication that the 
Government was queried in 1986 by representatives of human 
rights groups concerning its human rights practices. However, 
in 1985 Amnesty International made several appeals to the 
Government for the release of five prominent political 
detainees, all of whom were eventually released on December 
31, 1985. There are no organizations based within the country 
whose purpose is primarily to observe, report, or contest 
human rights violations, but the bishops of the Anglican and 
Roman Catholic churches circulated a joint pastoral letter in 
1985 which discussed human rights violations, including the 
case of the five political detainees. 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Unique Swazi governmental and social traditions unavoidably 
create differences between ethnic and nonethnic Swazis. For 
example, ethnic Swazis from South Africa seeking political 
refuge in Swaziland are treated very much like Swazi citizens 
and are promptly given work permits. Those who are not ethnic 
Swazis are treated more as foreigners and permits for others 
are given more reluctantly. Nevertheless, the Kingdom makes a 
special effort to welcome the full participation of nonethnic 
Swazis in its life. A significant expatriate community 
exists, especially concentrated in the business and missionary 
areas. The population's needs and aspirations are met on a 
generally nondiscriminatory basis. 

Traditional values are a major influence on the role of women 
in Swazi society. Since men are away from their homesteads 
much of the time, women perform most agricultural tasks and 
have responsibility for virtually all child rearing and 
domestic chores. However, they are not given authority to 
make family decisions, and, in some cases, are not legally 
equal to men. A married woman, unless her position has been 
defined by a prenuptial agreement, is virtually a minor under 
the law. She is not responsible for contracts she signs, and 
she cannot hold real estate or inherited property in her own 
name. She must normally obtain her husband's permission to 
borrow money, to leave the country, and, in some cases, to 
take a job. A woman divorced in a traditional court has no 



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right to the legal custody of her children, although she may 
have to care for them with no support from their father. In 
the modern or statutory courts, the presumption of custody is 
in the woman's favor and maintenance is provided. 

The Employment Act of 1980 forbids employers to discriminate 
among employees based on race, religion, sex, marital status, 
or political affiliation. It requires equal pay for equal 
work. Even so, around 75 percent of all wage-paying jobs are 
held by men and their average wage rate by skill category is 
higher than for women. However, women have equal access to 
schools and constitute around half the student body in nearly 
all institutions. There has been a significant increase in 
the number of women who are lawyers, medical doctors, and 
members of in other professions. 

CONDITIONS OF LABOR 

There is extensive legislation, notably in the Employment Act 
of 1980, protecting worker health and safety in Swaziland, 
with child labor receiving special attention. The workweek in 
the modern sector is 48 hours per week. There is no minimum 
wage. The following are examples of minimum wages currently 
in effect for certain job sectors based on the presumption of 
a 48 hour work week: casual labor, $0.20 per hour; cementer, 
$0.32 per hour: store clerk, $0.39 per hour; machine operator, 
$0.42 per hour; laboratory technician, $1.42 per hour. The 
Employment Act contains provisions covering the employment of 
children, maternity leave, and domestic employees. No one may 
employ a child below the age of 15 in an industrial 
undertaking, except in cases where only family members are 
employed in the firm, or in technical schools where children 
are working under the supervision of a teacher or other 
authorized person. Legislation limits the number of